Legal Question in Family Law in New York
My friend's wife left him last May, they are still legally married. She has been living with another man for 5 months now, and is also pregnant by this man. We have been told that since they are not legally separated or divorced that my friend will be held responsible for child support, is this true? They have not gotten a divorce, because neither one can afford it, as they are both unemployed.
1 Answer from Attorneys
There is a rebuttal presumption that a child born in a marriage is the product of the marriage that can only be rebutted by the putative parents. All your friend has to do -short of filing for divorce as a self-represented plaintiff- is to deny paternity if the wife seeks child support. But to avoid this potential mess -aka like a default judgment because he claims he's too poor and cant find a free attorney- is to go to the clerk's self-represented office and see if they can be of any help.
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