Legal Question in Family Law in New York

is there any way to fight paying child support

my wife and i seperated about 3 years ago,and as a result of a one night stand a child was born.the woman is now coming after me for money,my question is,is there any way to be emancipated from this child and his mother,because at time of conception we were both and still are married to other people?my wife and i have 3 children and it doesn't seem fair that they have to pay financially for the next 20 years because of my mistake.is there any way in new york state to fight paying child support and can i emancipate myself?


Asked on 10/07/04, 10:28 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: is there any way to fight paying child support

You cannot be made to participate in the child or the mother's life, in any way, beyond payment of child support.

However, there is NO Way for you to avoid or "emancipate yourself" [from] the consequences of YOUR act/s, whether you intended them or not.

You as the biological father (if proved by DNA) can be charged with the support of the child born as a result of your "one night stand," for the period of the child's minority, per your income and assets. Your obligations for support to your other children will only be considered, if presented to the Court; and in the context of other support provided to them, that may be provided to them by their mother.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/07/04, 1:02 pm


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