Anonymous asked in Family & RelationshipsMarriage & Divorce · 3 weeks ago

Can the state of NY petition for child support? Will the state make one parent petition for child support even if they don't want to?

If the now separated couple were married when the child was born but the mother was unfaithful, and it turns out the child is not the father's, will the "father" still have to pay child support because they were married when he was born?

3 Answers

  • Foofa
    Lv 7
    3 weeks ago

    If the man who's name is on the birth certificate doubts the child's parentage he'd ask the court to demand a DNA test. If he's deemed to not be the bio dad he may be able to relinquish his parental rights and avoid child support (although in the case of married couples there have been incidents of non-bio fathers still being forced to pay child support). This person needs a lawyer.

    When you ask about the state you're probably thinking about what states do when a custodial parent signs up for welfare or other benefits. In that case the state often will pursue the other parent for reimbursement for any benefits paid to the custodial parent. Doesn't sound like that's your situation at present.

  • 3 weeks ago

    If the Custodial parent wants or needs any form of State Aid the State will require them to also petition for Child Support. After all why should one parent leave it to the State to support their children?

    If its not HIS child he needs to go through the Court system and have a Court recognized DNA test to prove he is not the child's bio Dad. Then its up to her to locate the Bio Dad.

  • Lisa A
    Lv 7
    3 weeks ago

    If the state is paying to support the children, yes, the state will force an application for child support from the father. Why should the tax payers support the father's child?

    The "father" will have to prove that he is not the father, and have his parental rights terminated in order to get out of child support. If he is married to the mother, it is presumed that he is the father, and the burden of proof is on him to prove that he isn't.

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