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Can I get money back form New York Child Support?

Geneva, NY |

I have a very complicated and twisted situation. I have been paying child support for years now for my soon to be 20 year old daughter. About a year ago my daughter told me that her mother had her adopted by her step father when she was 9. Low and behold I needed a copy of my daughters birth certificate recently for some family court cases and when I sent off I received a letter from vital records that they did a due diligent search for my daughter and no record was found. I immediately called vital records and the lady who answered the phone was very nice and gave me more information than she should have and it turns out that this did take place without my knowledge. Since the stepfather owes the support and not me legally can I get my money back or sue child support for my money?

Attorney Answers 2

Posted

In order for them to adopt then they had to terminate your parental rights. That is a court proceeding in which yoiu have to be personally served with papers. I would first go to the family court where you lives when the adoption took place and look at the records. As to the support you have paid, the current answer in New York is no, but you should have a attorney in your area look this case over to see how a child support order was entered and then your rights were terminated

I will allways give you a free consultation, so we can discuss all the facts of your case call us anytime at 718-263-6800

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Louis Lawrence Sternberg

Louis Lawrence Sternberg

Posted

I agree with Mr. Zalewski and I'd like to offer a few additional comments. 1 - If you were never served with notice of the adoption, you have the right to ask the court to re-open the adoption and to argue to the court why you feel the adoption should not be granted. 2 - As a general rule, any money paid as child support is non-refundable but you may be able to sue the mother for fraud. It would be a very difficult case but it may be worth contacting an attorney.

Asker

Posted

I understand that anybody would agree with that concept of my rights having to be terminated, but I checked with family court in both counties that could possibly have jurisdiction and both told me there was no record of my termination of parental rights. I am assuming that she forged consent papers. I understand that their are very limited circumstances where child support would allow reimbursement of an overpayment of child support, but if the money was collected in an erroneous manner that constituted fraud I think that should be considered. Technically NY would have no jurisdiction to collect support under such circumstanced, and every family court clerk I have spoken to has told me the support order should have terminated immediately. Any thoughts on that?

Posted

Money paid for support is presumed to inure to the benefit of the child and is may not be recovered under New York law. Take some comfort in knowing that you provided something for your biological child. It was, regardless of her adoption, the right thing to do morally.

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Asker

Posted

I should take comfort in knowing that my ex wife moved around so much that it made it impossible for me to have a relationship with my daughter and then defrauded the system in order to have my child illegally adopted out from under me and continue to collect child support when I was not even the one legally responsible any longer. I am sorry I thought that laws where put in place to preserve justice not to beat up our citizens. I have no problem with paying child support, but the fact is that I was robbed, of my watching my daughter grow up and then to find out that she is no longer legally my daughter while I have been paying all these years?

Geanine Towers

Geanine Towers

Posted

I fully understand all of your concerns, and you were deprived of a significant right, but my advice is not to focus on the money and to see if you can have some contact with your daughter. To know you, if you could let go of your anger, would be in her best interests.

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