Legal Question in Family Law in New York
my wife left me and the kids 21/2 years ago to be with her boyfriend. They just had a baby we are still married. Do I have to pay child support for that baby? We live in New York they live in Alaska
3 Answers from Attorneys
If there is a child support and custody order outstanding, you should move to modify it. Indeed, you may be able to get child support from her.
Also, licensed and practicing in New York.
First, you do not have to pay child support unless there was a petition for child support and/or you consent to pay child support.
That said, there is a presumption that the child from your wife is your child since you are married (see, Nelson L. v. Charo A. 224 A.D.2d 531, 637 N.Y.S.2d 789 [2nd Dept. 1996]). Therefore, Mr. Wade's short response is wrong. However, if the father's name is on the birth certificate, that presumption may be rebutted.
With that said, you really should be obtaining a divorce from your wife.