I am a biological father but not legal father and state is ordering to reimburse the mother backpay of child support?

Asked over 1 year ago - Brooklyn, NY

I have a 6 yr old child who soon will be turning 7. I didn't know of my childs existence until he was about 3 years old. I did a DNA which revealed I am the father, however my child has the last name of the man that was married to his mother before. I have financially supported my child since knowing of his existence and I have witnesses that can vouch for that . I do not have any proof on paper since it was a long time ago. Can the court demand backpay since he was born, or since the DNA test was done? I don't think is fair that they order me to backpay since I have always supported him, will my witnesses help in this matter?

Attorney answers (3)

  1. Howard A. Schwartz

    Contributor Level 20

    3

    Lawyers agree

    Answered . The court can make an order retroactive to the time the petition for child support was filed. If there is no proof on paper and the mother will not admit receiving funds it is doubtful your witnesses will save you. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Edwin Drantivy

    Contributor Level 18

    2

    Lawyers agree

    Answered . Without receipts it will be tough to prove. Good luck.

  3. David Ivan Bliven

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you did the DNA, the question then is whether you did the DNA in court. If yes, then there was presumably an order of filiation entered as well, declaring you (despite the birth certificate) to be the legal father of the child. Thus, you may wish to take a look at the court file for such an order. In any event, the Court may generally order support retroactive to the date of the filing of the petition. That said, I encourage you to schedule a follow-up consultation with a NYC Child Support attorney.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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