Child support is most definitely a delicate issue, and it’s an especially difficult topic when the child’s paternity is undetermined. When it comes to child support in New York, determining and establishing paternity is a vital part of the process of obtaining a child support order.
One way that the court can legally identify the child’s father is through a paternity test as well as additional routes in order to establish paternity. Below we’ll discuss the specifics of child support for unmarried parents in New York, including methods to establish paternity, and the potential outcomes when paternity is denied.
Child Support for Unmarried Parents
When children are born to married parents, the spouses are considered to be the legal parent to the child. However, when a child is born to unmarried parents, paternity must be established in order to receive child support. This practice ensures that the correct person is legally ordered to pay for the child’s needs.
In New York, both parents have a legal responsibility to take care of their children financially – no matter if the parents are married or not. However, before a child support order is issued, the father of the child must be legally established.
The goal of child support is to make sure that the child’s essential needs are taken care of and that they receive the financial support that they deserve. These needs include healthcare, housing, food, and education. The exact amount of the support is determined after the paternity is definitively established and is calculated based on a formula. The amount of child support is determined by New York’s Child Support Standards Act (CSSA). Both parents’ income and the number of children that they have together are factors in determining the dollar amount.
When Is a Paternity Test Necessary?
A DNA paternity test is typically necessary when there is uncertainty or disagreement about the child’s biological father. A paternity test is the most accurate way to determine whether a particular man is the biological father of a child. A non-invasive prenatal paternity (NIPP) test can even be performed during pregnancy before the child is born and a mother can request a paternity test through the court or child support agency. A man may also request this test to be performed to either confirm or deny any biological connection to the child. The test itself is simple and involves a cheek swab from both the child and potential parent. It can be performed in court, at a local clinic, or at a local Child Support office.
How to Establish Paternity in New York
In New York there are a few ways to establish paternity:
- Paternity test – A DNA New York state paternity test is the most conclusive way of determining if a particular man is the father of a child. The results are extremely accurate.
- Court order – A mother has the right to petition the court to order a paternity test if the alleged father denies paternity or protests against taking the test.
- Acknowledgement of Paternity (AOP) – Ideal for when both parents agree on the father’s identity, an AOP is a voluntary form that legally establishes paternity of the child.
Can You Get Child Support Without a Test?
While a paternity test is the most definitive method used to establish paternity, it’s not the only way to secure child support. A signed and notarized Acknowledgement of Paternity (AOP) serves as legal proof of fatherhood for the court as well. This form is commonly provided to unmarried women when they give birth and legally establishes the child’s parents.
The AOP has the same effect and legal force as a court ordered test and establishes the duty of both parents to provide financial support for the child. This option (AOP) is ideal when both parents agree on the father’s identity. In cases where there isn’t a paternity test or an Acknowledgement of Paternity, attaining a child support order becomes significantly more challenging.
What Happens if Paternity Is Denied?
If the alleged father denies paternity, he has the right to request a paternity test. If he refuses to take the test, the court can order him to do so. Failure to comply with a court order can result in penalties, including being held in contempt of court.
If the paternity test results exclude the alleged father, meaning that he is not the biological father, the case is dismissed, and the accused will not be responsible for child support. However, if the test confirms paternity, the court will proceed with establishing a child support order based on the income of both parents.
New York child support laws can be difficult to navigate – a skilled family law attorney can provide guidance that’s tailored to your unique situation in order to help you achieve the best possible outcome. Contact the family law experts at Zelenitz, Shapiro & D’Agostino for a free consultation regarding your New York child support case.
