Legal Question in Family Law in New York

Re: Teen dad wants no communication with mother or child

Generally, in NY Child Support is not ordered from the date of birth.

Generally, Child Support is made payable from the date of filing the petition for support, once paternity has been determined.

So,... Child Support would be due only after paternity ( and the obligationtion) is found to exist.

After counseling your son, regarding what you believe is the "honorable" thing to do, I think you should "but out."

Please note, the honorable thing to do may not be your son trying to have a relationship with the child, in light of the mother having other children, by another or others.

Ever heard the expression: "Too many cooks can spoil the pot." Although, a child cannot have too much love, competing interests in a child's environment, can and usually creates a mess, for the child.

If your son is obligated to pay support, now or in the future, let that and that alone, be the extent of his or your involvement in this matter.

I am aware that this perspective is not currently "politically correct."

Good luck.

Re: Teen dad wants no communication with mother or child

The mother can actually sign a document to waive her right to future child support. However, there is a delicate psychology involved in approaching the mother to request that she sign such a document. Many lawyers do not believe that this can actually be done, but it can be done!! The appellate courts have approved such documents.

Re: Teen dad wants no communication with mother or child

Both lawyers McAlister and Venezia are incorrect. Your son needs to consult with an attorney dedicated to family law practice right away. Courts are not likely to absolve a father of support obligations except under specific circumstances and where the agreement is drafted with surgical precision. In the case where the mother is unable to support her family already, it is all but certain that she will not be permitted to waive support obligations owed to her third or fourth child. Statute specifically prohibits such arrangements where the child is likely to become a public charge. Generally, liability begins on the date the petition was filed. The date when paternity is established is irrelevant, and there are actually statutory grounds for ordering limited support retroactive to the date of birth. Your son's case cannot be properly assessed without proper consultation with a qualified attorney. It obviously can't hurt for him to start putting away money, but he really ought to seek expert counsel ASAP.