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

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?

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Attorney answers 3

Posted

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 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Asker

Posted

I just got summoned this month

Howard A. Schwartz

Howard A. Schwartz

Posted

The payments would be retroactive to the date the petition was filed. *************** The Attorney-Client Privilege applies to this Email *************** Howard A. Schwartz, Esq. Schwartz & Krysinski, LLP 50 Court Street, Suite 506 Brooklyn, New York 11201 Howard@brooklynlaw.net c: (718) 208-6094 o: (718) 643-9333 f: (718) 522-5644

Posted

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

Posted

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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