I live in NYS and was wondering if a petition for child support can be filed for an UNBORN child??? I have three children by my ex spouse. His fiance that he is residing with is having a child and I was told he had her put a petition in for child support for their unborn child.. to prevent me from getting 29% of his full gross income... I put a petition in too however, I was told she put hers in first..... if she has... she'll get 17% of his full gross salary and I'll get 29% of whatever is left over... would appreciate anyone's assistance with this. Can this be done???
2007-07-28 11:13:55 · 10 answers · asked by Renee P 1 in Family & Relationships ➔ Marriage & Divorce
no, you cant file for child support till the baby is born and a blood test is taken.
2007-07-28 11:17:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
First you need to talk to a family law facilitator at your local courthouse. They can direct you step by step at no cost. No you cannot file for child support for an unborn child. Child Support is based on need. According to most courts the needs of an unborn child are already being met by the mother. However, after the child is born and depending on the living arrangements with the father of the child the mother can file a petition only if they are not together. Sounds like they plan on being together since it is his fiance'. He just wants to try and get out of paying you. Not going to happen. You actually have the upper hand. You can file now and she has to wait until the child is born and only if she is not with the father will she even get child support. Trust, judges know these scams and all you have to do is file the proper paperwork on time and follow-through with your part and it will all work out. You don't even need an attorney. Contact the child support enforcement office and ask to speak with a enforcement officer, they will tell you everything you can do. The number is 1-800-526-8658. You can get connected with your local office and take the necessary steps to make him pay for his three children, regardless of his current situation. Keep in mind, the only break he can legally get is to request a deviation for his child support obligation, which is basically a reduction in what he will have to pay for the new baby. It won't be much of a reduction and there is no guarantee that the courts will award it to him. Just do your homework and you will prevail. Best Wishes and Take Care.
2007-07-28 12:10:16 · answer #2 · answered by flygirl 2 · 0⤊ 0⤋
I live in N.Y. also and have been going though family court and child support for years now.( my son is 11 and his dad and I separated when he was very young.) Anyways, they can't put in a petition for child support until the baby is born because they have to go though a hearing on the matter of paternity. I also do not believe that since they are living together that the judge is going to award her any money because he would be supporting the child that he is living with. They are just trying to scare you into thinking that you will be getting nothing from him. If for some reason this does happen you can file a modification of support order and go back to court again. You can call 1-800-846-0773 or visit newyorkchildsupport.com. In the beginning i got alot of answers by just calling the local family court. Make sure to go though the support collections unit after you get awarded child support. They will keep track of child support he has paid and what he owes you. They will also be able to help garnish his wages from employers and take income taxes. ( if he owes you anything after October 1, of every year) If he does end up owing you money they will suspend his drivers license and if that doesn't work freeze his bank accounts. If all else fails he will be put in jail. make sure that you are always on time to court hearings even if he tells you something like he's not going or that they cancelled it. If he doesn't show, the court will side in your favor. I hope that i have helped you. If you have anymore questions email me though answers. Good luck!
2007-07-28 11:41:34 · answer #3 · answered by kellylee 2 · 0⤊ 0⤋
It doesn't matter how many other children he has, he will still have to pay you the same. Just because he has another child it doens't mean your children need less support. When my husband went through child support hearings for his daughter his lawyer flat out told him that he would be paying the same amount for her no matter how many other children he had.
Also, I don't think it is legal to file for child support while you are living together. I would ask and be sure. They could be in lots of trouble if they are in fact doing that.
2007-07-28 12:13:57 · answer #4 · answered by kjw580 1 · 1⤊ 0⤋
Each statehas a formula to determine child support per each and every born child. She will not get support until the baby is actually born just in case. Yours is going to be based on three kids not one
2007-07-28 11:30:28 · answer #5 · answered by Arthur W 7 · 0⤊ 0⤋
Why are you having children out of a marriage????
Now, go out and get preggers to trap the next guy like some I have read on here... by the time you are 30 you can have 7 children by 5 different guys,,, oh, joy.
What a wonderful life you will have... and won't those kids be such an asset to this planet.
2007-07-28 11:46:25 · answer #6 · answered by April 6 · 1⤊ 1⤋
In IL the age of the child depend on who gets the greater % first not who petions first. Thing it might depend on your state. Sounds like shes got the right idea but not all the facts. Talk to a legal advicer to get the facts for NYS.
Good luck
2007-07-28 18:13:35 · answer #7 · answered by survivedlasvegas 2 · 0⤊ 0⤋
no you can not get child support on a unborn child just because you are pregnant does not mean that you will have his kid he could protest and do a paternity test or god forbid something was to happen to the child before it was born or during childbirth.
2007-07-28 11:20:47 · answer #8 · answered by cool mom 2 · 0⤊ 0⤋
i became on state coverage with my first pregnacy for the comparable reason i became 17 and the daddy became no longer in contact and that all of them started a case and in basic terms asked me questions approximately him. i could ask to verify precisely what the policies are yet to this point as i understand they'll commence a case if he's not in contact with the being pregnant or toddler, and that they did no longer take the scientific faraway from me at a similar time as i became pregnant and took me off after my 6 week appointment yet saved my daughter till i could desire to get yet another type of coverage for her. desire I helped and sturdy success
2016-10-13 00:36:27 · answer #9 · answered by ? 4 · 0⤊ 0⤋
So your BOTH pregannt with his unborn child? what an @$$. just try to do ti first. whose due date is first
2007-07-28 11:44:33 · answer #10 · answered by Anonymous · 1⤊ 0⤋