Legal Question in Family Law in New York
welfare
My daugher is 19. Her mother told me after the baby was born that I was not the father and had got married and had her husbands name on the birth cert. When she was 13 dcfs in California notified me that she was made a ward of the court and I had to do a paternity test. It confirmed that I was the father and I now have a relationship with my daughter and have paid child support since then. My EX now is telling me that she is going to notify New York State to garnish my wages because before my daughter was 13 they were on welfare In New York and that I am liable to pay New York state back the welfare. Is this possible when she had ran off with my child and lied to me about who the father was?
2 Answers from Attorneys
Re: welfare
A vengeful woman!
I recommend finding a lawyer and making sure that the facts of the case are presented to the judge accurately. The marriage and name of the husband on the birth certificate should put quit to her efforts to harm you, but this is a great deal of money and you should put your best foot forward.
Re: welfare
You cannot be held personally liable to welfare or any other agency for a 6+ year old debt, made by another person with welfare.
However, if a COURT judgement was properly or improperly entered against you those years ago, by welfare OR your EX (for child support) and they attempt enforcement, then you must appear and answer the claim and state your case.
Please note A payor or recipient parent of child support, has an affirmative obligation to petition the Court for the relief required in a reaasonable and timely manner. Seven years is NOT timely.
Thus, the Court is unlikely to enter child support judgement order "nunc pro tunc" (back to the date, the Order could have been entered), for the same reason, that child support arrears are rarely vacated "nunc pro tunc."
Good luck,
Phroska L. McAlister,ESq
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
