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    QTeeInHiHeels's Avatar
    QTeeInHiHeels Posts: 4, Reputation: 1
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    #1

    Jan 11, 2010, 01:55 PM
    NYS paternity and child support
    So can someone please answer the LEGAL question here? In NY State does a man have to continue paying child support if a paternity test comes out negative? Is there a number a years that applies?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jan 11, 2010, 02:00 PM
    Quote Originally Posted by QTeeInHiHeels View Post
    So can someone please answer the LEGAL question here? In NY State does a man have to continue paying child support if a paternity test comes out negative? Is there a number a years that applies?
    The answer is yes. Without knowing more of what is going on then the legal answers is yes a person can be liable for child support and not be the bio parent.
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    QTeeInHiHeels Posts: 4, Reputation: 1
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    #3

    Jan 11, 2010, 02:11 PM

    The child was born during the marriage, upon divorce 8 years later child support was enforced... now come to find out that there was infidelity in the marriage and the boy might not be his. If the father has a paternity test done and it comes out negative can he have the child support revoked? Can those monies be awarded back to him for the xwife to pay back?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jan 11, 2010, 02:29 PM
    Quote Originally Posted by QTeeInHiHeels View Post
    The child was born during the marriage, upon divorce 8 years later child support was enforced...now come to find out that there was infidelity in the marriage and the boy might not be his. If the father has a paternity test done and it comes out negative can he have the child support revoked? Can those monies be awarded back to him for the xwife to pay back?
    No. When a child is born within a marriage then the husband is the presumed father. Now it may be challenged by the bio parent but otherwise its his child.
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    QTeeInHiHeels Posts: 4, Reputation: 1
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    #5

    Jan 11, 2010, 02:39 PM

    Can he have a paternity test done and take it from there? What are the chances for him as far as support if it comes out negative?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Jan 11, 2010, 02:45 PM
    Quote Originally Posted by QTeeInHiHeels View Post
    Can he have a paternity test done and take it from there? what are the chances for him as far as support if it comes out negative?
    He is still the legal father and he still has to pay unless there is an adoption or a challenge by the bio father.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #7

    Jan 11, 2010, 02:45 PM

    It's never a good idea to piggyback your question onto someone else's, even if the circumstances are similar. I've moved your situation to its own question, where you might get more answers.
    QTeeInHiHeels's Avatar
    QTeeInHiHeels Posts: 4, Reputation: 1
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    #8

    Jan 11, 2010, 02:49 PM

    WOW that is so unfair! God knows who the father really is since the mother has been all over town. Thanks for the info.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jan 11, 2010, 02:53 PM

    Law has nothing to do about being fair,

    Child support orders stay valid until they are removed in court.

    This is beyond anyone's ability without a local attorney doing a lot of legwork
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jan 11, 2010, 02:57 PM

    Under NYS law the father is clearly the legal father. The fact that he raised the child has his own enforces being the legal father. There is a time limit within the husband must challenge paternity. I couldn't find a specific time for that, but I suspect that time has past.
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