Legal Question in Family Law in New York
mines or not?
ive been separated for 5 yrs.when we got a divorce,my ex wife took me to csc.she got the 17% she rightfully deserved for our child,but i had recently took her to court for custody because our daughter kept complaining about negliect,and when we met up she kept insisting that i wasnt the father someone else is.i explained that to the judge and she said was we married we the child was concieved?yes we were.she didnt want to listen to my part.theres going to be a time when 17% will not be enough for her..what can i do?i cant get a dna testing with out her consent..what can i do?i really want to know.i really cant afford a dna testing or having to know if that child is mine or not.
1 Answer from Attorneys
Re: mine or not?
In NY, if parents are married when a child is conceived, then there is a presumption that the husband is the father.
If your ex-wife says you are not the father, she must prove it. If you are not the father, you have no duty to pay child support. Go back through the court papers, and if she admitted you were the father in the child support proceedings, that is legal proof you are the father.
If she insists you are not the father, ask the judge to cancel your obligation to pay child support, and to have your ex-wife repay all the support she has gotten to date. You probably won't get a refund, but this will show your ex-wife how serious this matter is.
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