Legal Question in Family Law in New York

My sister had a child that was not of the 'Biological' father. He knew this, and he still signed the Birth Certificate as the father of this child. This child is now 41 years old, and found out that he was not her biological father; and now he is thinking he can get his child support payment back, even though he knew he wasn't the 'actual' father of this child. Can he do this? Is there a limitation on his clam? My sister is in her 60's now, and so is he. He knew the child was not his daughter, but agreed to sign the birth certificate acknowledging that he was the father. Is there a time limit that can stop him from making my sister pay that child support 'back' to him, when he knew all the time that the child was not his in the beginning? It was up in New York. What are the llimitations for that state, and after all this time, can he ask for money paid for that child support? (remember, that he signed the birth certificate; knowing he was not the father.


Asked on 1/03/10, 6:43 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Tell your sister to stop worrying. If this is a divorce, there can be no child support claim if there are no minor children of the marriage. If there was no marriage, he has no basis to recoup voluntary support payments in a court of law. If there was a court case where he would have been required to make support payments, it is too late because he had the opportunity but refused or waived his right to challenge his paternity of the child. It is irrelevant that his name is on the Birth Certificate. It is not uncommon that during a child support claims husbands or those who's name appear as the father on a birth certificate have been held not be responsible for child support payments because they are successful in a paternity challenge.

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Answered on 1/09/10, 9:38 am


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