Time Limits on Requesting a DNA (Paternity) Test

Written by David Ivan Bliven

White Plains Child Support Lawyer

 

Many fathers unwittingly sign the "acknowledgement of paternity" form when their baby is born, not realizing that this form then puts a time limit of 60 days (generally) as to when they must request a DNA test.

1 - 60 days - or be prepared to prove fraud (or some other ground)

Generally, when a new father signs the acknowledgement of paternity, he generally has up to 60 days to move to revoke the acknowledgement by asking for a DNA test. If he does not, then he must generally prove "fraud, duress, or material mistake of fact." This requirement is usually not satisfied by claiming "she told me the child is mine & now I have doubts."

2 - If you have even a 1% doubt you are not the father, don't sign the acknowledgement

Many hospitals push both forms in front of the new parents & ask the father to sign both. Sometimes nurses mistakenly explain that the father must sign the acknowledgement of paternity in order to have his name placed on the birth certificate. This isn't true! The mother can put down anyone's name as the father on the child's birth certificate - placing the name on the birth certificate (in itself) does not establish paternity rights. Thus, if you have even a small doubt as to whether you are or are not the father, don't sign the acknowledgement of paternity. Just have the mother list your name on the borth certificate (if you both want it) & then go back to celebrating. You can always sign the acknowlgement of paternity at a later time.

 

www.blivenlaw.net



Ordered to pay child suppt arrears a few yrs ago but I was at Fedl Poverty Level. Is there a statute of limitations?

Q:  I'd like to have it appealed but dont know if it's too late.


A:  David's Answer:  If the arrears were reduced to a money judgment, then the statute of limitations is 20 years. That said, most of the time, the money judgments are simply folded into subsequent judgments, so it's really 20 years from when the underlying order expires (i.e., generally 20 years after the youngest child turns 21). Additionally, you generally have up to 30 days from notice of entry of the order to file an Objection appeal. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

One parent with two different child support cases.

Q:  I have two daughters with my first wife and one daughter with my soon to be ex -second wife. I already have an order for my two eldest children and will be going to court in two weeks for my youngest. Will the judge take into consideration that I have 50/50 custody of my first two kids? I pay very little to my first ex since she and I make similar incomes. How is the second case determined? Any help is appreciated. Thank you


A:  David's Answer:  Yes, the Magistrate should consider the prior order. Be sure to bring with you both the order & the proof you are paying same. It should then be subtracted off your income before the Magistrate calculates support for the 3d child. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Save now for college - or pay alot in child support later!

Written by David Ivan Bliven

White Plains Child Support Lawyer

Many parents who pay child support for a minor child (or children) don't realize that they generally must ALSO save towards college.

Start saving now

I had a potential client walk into my office & say the Support Magistrate was about to assess him with a share of his son's college tuition - in addition to paying basic support. He said the tuition was $20,000 per year, and thus his share was $10,000. He said he didn't have $10,000 to give, in addition to paying the basic support. Having fully reviewed the facts with him, my basic conclusion was: he's screwed! He didn't save all along & could have reasonably anticipated his son would go to college. He otherwise had the financial means all along to put aside a small amount of money - which over the years would have built up enough to pay. He didn't do so, and thus is now being hit with the large bill.

Lesson: Start a 529 plan

As such, the lesson is to start a 529 plan today while the child is relatively young. You get a tax deduction for the amount you save - and thus won't have a large bill you can't afford to pay when they turn 18 and go off to college. NY Child Support law generally requires a parent to pay their share of college in addition to basic support so long as (a) the parent has the financial means to do so (or had such means & just foolishly failed to save), (b) attendance at college could be reasonably anticipated.

www.blivenlaw.net
 

When my son turns 18 in 6 months he is planning to go move with his aunt (mothers sister). Child Support...

Q:  If my son chooses to move with his aunt at age 18, will me and my ex be responsible for supporting him at the aunts house. I know NY states says 21 but I wasn't sure if he was choosing to move away from both parents if we could still have too. And if so how would that work ? I'm pretty sure that if we do the sister isn't going to take support money from her sister. Would support judge garnish her wedges as well ? Right now I pay my ex 25% for my 2 children if my 18 years old chooses to move do I have to pay each house hold 17% because it would be split? Thanks hope its not to confusing ?


A:  David's Answer: Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How do I go about getting the back child support that is owed. The state is not doing anything

Q:  He is doesnt have a license so taking it away is not an option. He doesnt care that he owes this money and refuses to pay


A:  David's Answer:  You would need to file a violation petition with the Court which issued the order (presumably Rockland Family Court). There are many other options other than license suspension, such as garnishments, freezing his bank accounts and/or seizing assets. You should schedule a free follow-up consultation with a Rockland/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Westchester: Discretionary amount of child support above $136,000 combined income?

Q:  Household income = $242,900. He does not want to pay his pro rata share (46%, or $1187 per month) on the income above $136,000. I think he should. We cannot agree, and it looks like this may go to court. How will a judge be likely to rule, given that no other circumstances affect his ability to pay (as per step 11(c) of the child support worksheet, including prior support obligations, etc.). Thanks.


A:  David's Answer:  What you are describing is what the Judges & lawyers call a "Cassano" hearing, named after a leading case on that issue. There are numerous factors a Magistrate will consider, some of which are the disparity of incomes between the 2 parents, the standard of living the child(ren) enjoyed before the physical separation as well as whether the child is engaged in any "add-on" activities, such as private school or expensive extracurricular activities. You're well-advised to schedule a consultation with a White Plains Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)