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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

  1. 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

  2. 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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