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Can I Send A Lawyer To Represent Me?

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dessire0610

Junior Member
What is the name of your state? NEW YORK

I FILED FOR CHILD SUPPORT AND THE APPOITMENT IS IN MAY 2006. DO I HAVE TO BE THERE OR CAN I HIRE AN ATTORNEY TO REPRESENT ME? IS IT TRUE THAT I AM ENTITLED TO A FREE LEGAL AID TO ASSIST ME? WHAT HAPPENS IF I DON'T SHOW UP?:confused:
 


dessire0610 said:
What is the name of your state? NEW YORK

I FILED FOR CHILD SUPPORT AND THE APPOITMENT IS IN MAY 2006. DO I HAVE TO BE THERE OR CAN I HIRE AN ATTORNEY TO REPRESENT ME? IS IT TRUE THAT I AM ENTITLED TO A FREE LEGAL AID TO ASSIST ME? WHAT HAPPENS IF I DON'T SHOW UP?:confused:
Your the same one that was on here that lives or lived with the father of her daughter for 5 years or whatever which means he had to be taking care of her for the time that you live/lived together. Then you let him claim her on his taxes but you want half of that. If your daughter lived with him for 6 monthes out of the year and he paid to take care of her then he has the right to claim her on his taxes which you said on your other post you live/lived with him so your not intitled to half of his taxes. Then now your going for CS I'm guessing after something has happened and you don't want to show up? If your going for CS you need to SHOW UP. Your the one that wants the SUPPORT FOR YOUR CHILD. NOT YOUR LAWYER. If you don't show up more then likely they will drop your case for CS and with Legal Aid why would you need it? If you were so worried about CS you should have done it off the start. Is he on the BC or has there been a test done to prove he's your daughter's father? The Judge isn't going to care about any he said she said BS. The Judge is just going to see that you live/lived with him for however long and he was taking care of his daughter until whenever. If you show up for you CS case.
 
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Ohiogal

Queen Bee
OP don't start two threads and tphillips don't respond with answers that have no legal basis. This man does not have to support this child until paternity is legally established and a court order is given.
 
Ohiogal said:
OP don't start two threads and tphillips don't respond with answers that have no legal basis. This man does not have to support this child until paternity is legally established and a court order is given.
If his names on the kids Birth Cert. that's enough in some states to say he's her dad and has to pay CS until she's 18 yo. She doesn't give enough info to know anything but that she lived with the father of her daughter and she want's to go after him for CS for that time if you read both of the post. But she doesn't want to show up to court.
 

Just Blue

Senior Member
tphillips357 said:
If his names on the kids Birth Cert. that's enough in some states to say he's her dad and has to pay CS until she's 18 yo. She doesn't give enough info to know anything but that she lived with the father of her daughter and she want's to go after him for CS for that time if you read both of the post. But she doesn't want to show up to court.

What states is just being on the bc enough to establish paternity??...I will give you a hint...New York isn't one of them...;)

If you don't want to look up the Law for the state the OP is from do not respond..It is a waste of time, effort and may confuse the OP...
 

LdiJ

Senior Member
baystategirl said:
What states is just being on the bc enough to establish paternity??...I will give you a hint...New York isn't one of them...;)

If you don't want to look up the Law for the state the OP is from do not respond..It is a waste of time, effort and may confuse the OP...
I am not sure that we are right to say anymore that a dad being on the BC doesn't establish legal paternity.

Does anyone here know of any state that allows a father to be put on the BC without the father and mother signing a paternity affidavit or the mom being married? I don't know of any myself anymore.

Judges in my state do informally require a DNA test in most unwed situations, even if dad has signed the affidavit....an "err on the side of caution" bit....but that it doesn't happen if both parents stipulate to paternity.
 

Just Blue

Senior Member
LdiJ said:
I am not sure that we are right to say anymore that a dad being on the BC doesn't establish legal paternity.

Does anyone here know of any state that allows a father to be put on the BC without the father and mother signing a paternity affidavit or the mom being married? I don't know of any myself anymore.

Judges in my state do informally require a DNA test in most unwed situations, even if dad has signed the affidavit....an "err on the side of caution" bit....but that it doesn't happen if both parents stipulate to paternity.

I was responding to the comment that tphillips said.."If his names on the BC thats enough in some states to say his her dad..."

He didn't address New York requirements...And the father does need to sign a AOP....tphillips is posting all over the forum incorrect information..I was trying to point out that he needs to check his facts before advising OP....

https://newyorkchildsupport.com/paternity_establishment.html#6
 
baystategirl said:
I was responding to the comment that tphillips said.."If his names on the BC thats enough in some states to say his her dad..."

He didn't address New York requirements...And the father does need to sign a AOP....tphillips is posting all over the forum incorrect information..I was trying to point out that he needs to check his facts before advising OP....

https://newyorkchildsupport.com/paternity_establishment.html#6
If the father IS on the bc that means he DID sign the paperwork at the hospital. No hospital in NY will allow a name to be put on the bc without them signing.
 
baystategirl said:
I was responding to the comment that tphillips said.."If his names on the BC thats enough in some states to say his her dad..."
He didn't address New York requirements...And the father does need to sign a AOP....tphillips is posting all over the forum incorrect information..I was trying to point out that he needs to check his facts before advising OP....

https://newyorkchildsupport.com/paternity_establishment.html#6
Baystate if they were married the husband automatically goes on BC(without anyone signing anything) and you know it, until proven thru DNA and even that isn't good enough in some cases and that is totally wrong!.
 
baystategirl said:
What states is just being on the bc enough to establish paternity??...I will give you a hint...New York isn't one of them...;)

If you don't want to look up the Law for the state the OP is from do not respond..It is a waste of time, effort and may confuse the OP...
So because I didn't go into detail about signing the ACKNOWLEDGMENT OF PATERNITY to be on the BC which you have to sign in I think every state if your not married you want to jump on some body. It's not like this poster gave that much info in this thread but that she filed for child support and wants to know if she has to show up or if she can have a lawyer do it for her without her being there. Then what happens if she doesn't show up and she's the one that filed to get the support for her kid. Come on!!!!!!!
 
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ceara19

Senior Member
tphillips357 said:
If his names on the kids Birth Cert. that's enough in some states to say he's her dad and has to pay CS until she's 18 yo. She doesn't give enough info to know anything but that she lived with the father of her daughter and she want's to go after him for CS for that time if you read both of the post. But she doesn't want to show up to court.
It doesn't matter if his name is printed on the BC or not. It doesn't even matter if a DNA test has confirmed that he is the father. A person can't just start collecting CS from the other parent. There has to be a COURT ORDER for child support.

OP - If you are the one that petitioned for CS and you don't bother showing up the case will be dismissed. If the STATE filed because the child has received government benefit, the state will continue with the case without you.

You also won't have a lawyer appointed to represent you. You can APPLY for legal aid, but I doubt they will go to court in your place even if you do qualify.
 
ceara19 said:
It doesn't matter if his name is printed on the BC or not. It doesn't even matter if a DNA test has confirmed that he is the father. A person can't just start collecting CS from the other parent. There has to be a COURT ORDER for child support.

OP - If you are the one that petitioned for CS and you don't bother showing up the case will be dismissed. If the STATE filed because the child has received government benefit, the state will continue with the case without you.

You also won't have a lawyer appointed to represent you. You can APPLY for legal aid, but I doubt they will go to court in your place even if you do qualify.
That's what I'm saying. SHE HAS TO SHOW UP TO COURT UNLESS THE CHILD RECEIVED GOVERNMENT BENEFITS. In order for the father to have to pay CS. THANK YOU CEARA19.
 

Shay-Pari'e

Senior Member
outragedMOM said:
Baystate if they were married the husband automatically goes on BC(without anyone signing anything) and you know it, until proven thru DNA and even that isn't good enough in some cases and that is totally wrong!.
They are not married. You could have looked at the posters other thread before you jumped on Bay.
 
S

StewieGriffin

Guest
dessire0610 said:
What is the name of your state? NEW YORK

I FILED FOR CHILD SUPPORT AND THE APPOITMENT IS IN MAY 2006. DO I HAVE TO BE THERE OR CAN I HIRE AN ATTORNEY TO REPRESENT ME? IS IT TRUE THAT I AM ENTITLED TO A FREE LEGAL AID TO ASSIST ME? WHAT HAPPENS IF I DON'T SHOW UP?:confused:
So why can't you drag your arse to the hearing? :rolleyes:
 
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