Legal Question in Family Law in New York

Re: Paternity

If you are the father, you are responsible for support -- not being able to afford it is not an excuse. You are responsible for support whether the mother asks for it or not, and if you do not pay support now, you may be obligated to pay back support later which can be more expensive and difficult.

However if you are not the father you have no obligation to the child. If you are not sure that you are the father you have nothing to lose by taking a paternity test.

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Re: Paternity

I disagree with the advice given my Messrs. Loeb and Madelbaum. You should consult an atttorney ASAP. Assuming that you have not been ordered to do so, you should not take a paternity test or any other action without speaking with a qualified attorney.

Re: Paternity

Wouldn't you want to know if you are the father? If you aren't and you support the child, you may be stuck supporting the child by way of the doctrine of "equitable estoppel." I'd take the DNA test, if I were you. As far as you not being able to afford child support--lot'sa luck with that excuse, the judge will figure out one way or another what you should be paying, and he will assess that amount. Obviously, the lower your income, the less you would pay, PROVIDED you are not intentionally unemployed or under employed. for more info on child support go to

http://justiceneversleeps.net