IN NY can a man refuse to take a paternity test?

Question

i have filed with the state for them to go after him, what is the next step? they have address verification now what? once paternity is established will i be required to allow my child to spend time with his family? ( they have made many threats against me in tha past) if he is married now will the wife be resposible to pay the child support if he is out of work?

by wife paying i mean will she be responsible because they will then be a jointly resposible for all monetary issues...ie, taxes etc

Answer 1

I'm sure the state can order him to take a paternity test whether he wants to or not.

If he is the father and he wants visitiation, unless he is proven to be a danger to the child, he will probably get it.
No, his wife is not responsible for his child support payments.

If he's out of work, you're probably not going to receive child support payments. It's not that he doesn't owe them, of course he does, but if he's not working he probably won't have the money to pay you. You can probably get an order to garnish wages when he does get a job.

I don't know about NY, but here in Illinois you can be jailed for not paying child support. The only thing about that is....they are in jail and not working and still can't pay you.

I divorced my first husband while I was pregnant. There was no issue of paternity, but he stopped working right after the divorce and moved back home with his family.

The judge gave me sole custody and control of the baby, but he would get visitation and he had to pay me a whopping $34.00 a week in child support. WOW! He didn't even pay that and after a few months, I hired a lawyer to go after him. He then filed a suit against me seeking custody of my daughter, (which he didn't get) but he did get a visitation schedule which now includes my daughter going to his house on alternating holidays and I ended up paying thousands of dollars to a lawyer. He has no contact with our daughter except to pick her up on holidays where she just sits there and watches TV. This, of course, is only to irritate me.

He never calls her, buys her a birthday gift, offers to take her anywhere, comes to her school things...nothing.
I'm not saying this is right, because it's not right at all. If people have a child, they should take care of that child, but not everyone is responsible.

In hindsight, I should have just let him wander off like he wanted to. The problems it has caused my daughter certainly isn't worth the $34.00 a week.

Answer 2

These questions would be best directed to your attorney as laws vary from state to state.

In general, the Court can order him to take a paternity test to establish paternity. How long it takes depends on a number of factors and if he has an attorney and files appeals, files for joint custody (if awarded would not have to pay child support) or full custody (highly unlikely he has a chance of winning if he has abandoned the child up until forced to be responsible for it).

Once he is the child's father and is ordered to pay child support (if not seeking joint of full custody) he is entitled to visitation that is set out by the Court (typical arrangements are one night a week, every other weekend and 4-6 weeks during the summer.) Whether or not he allows his family to see the child would be up to him. You could indicate in Court that they have threatened you, but as long as they have not threatened the child it is likely not to have any bearing even if you can prove this.

His wife in no way be liable for his Child Support, regardless of him employment status.

Answer 3

In Illinois (and all other states I have known of) they will go to court with both of you to sign papers for a judge to court order a DNA test. Then an appointment and location will be sent to you in the mail a few weeks later. He can refuse to take the DNA test, but they will automatically file him as the father, and take him to court for child support. If you take a DNA test and he is the father another court date will be sent in the mail to set up child support. If he and his wife have a joint account they can take any money out of it that he owes you, but if they do not she is not required to pay his child support. Once paternity is established you do not have to let him or his family see your child. That is for the family courts to decide; not the child support courts. He will have to take you to court seperately for visitation. If he is paying child support and takes you to court then you will have to let him have the child when the judge orders 'his' time, but if he is ordered to pay and does not and takes you to court for visitation the judge will not grant it. It doesn't matter if they have threatened you before. If he gets visitation that is irrelevant. They will say you weren't scared enough not to take him to court for support. You can get a resraining order, but then he doesn't have to pay child support and they will drop it. My cousin and a few friends (in different states) all went through it and that's what the state told them. They will also say that if no one has threatened the child then it doesn't matter. If he gets a lawyer to take you to court for joint custody you will not get any support. My cousin's ex got visitation and every other year she has to let him claim their child on his taxes even though he only gets him every other weekend, 4 weeks in the summer, and all holidays on odd number years. If she does not let him have their child the times the judge ordered then she is in contempt and the police can arrest her the same day.

Answer 4

I will answer the best i can.
Once Filed you can serve him to do paternity if he refuses he can get a warrent. if he is the father he can file for joint custody if he wishes. the last part the wife paying childsupport that i am not sure that is a very good question.

Answer 5

you want my opinion because i know exactly how you feel. WHY GO AFTER HIM? if paternity is discovered he can be a drug dealer and get to spend time with your kid. Remeber proving paternity doesn't just get you that check every month. It gets him visitation so i would really sit down and think hard about this would you really like to go every other christmas without your kid? every other spring break without your kid? possibly every other summer without your kid. with a man that doesn't sound that convincing as a father? before you persue this i would really really think hard. Do you want your child in the hands of someone who has threatened you?

Answer 6

it is so unusual that she does not desire to objective. She already admitted that the new child is from her lover, so why all this fuss? does the sweetheart desire to get custody of the new child, is that why she does not desire him to confirm that he's the father? or perchance she desires to maintain all of it a mistery because of the fact she's so ashamed to have had an affair? And why does not she flow away her hubby for her lover, if she's in love with him? Oh no, i think I gave slightly bit a crappy answer, i've got have been given plenty greater questions than solutions! yet i'm sort of curious because of the fact this element has been happening for see you later and it sounds so unusual.