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step parent adopted child now seeking child support from me

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sambo584

Member
What is the name of your state (only U.S. law)? new york
17 years ago i had a fling with a woman who now says that i am the father of the child and is seeking paternity and child support. here is the big question...she married a man while living in texas they had 2 children together and he adopted the child (legally) they claimed at the time that there was no known bio dad ( i would have consented at the time) since then she divorced him he has custody of their 2 bio kids, and she is currently engaged to a man here in ny and is seeking support from me for the child!!
question ) does she have the ability or right to seek child support from me?
i have been served and i have an attorney that i am meeting next week.
 


justalayman

Senior Member
...she married a man while living in texas they had 2 children together and he adopted the child (legally) they claimed at the time that there was no known bio dad ( i would have consented at the time) since then she divorced him he has custody of their 2 bio kids, and she is currently engaged to a man here in ny and is seeking support from me for the child!!
she needs to seek support from the childs legal father. Legally, you have no children. Her source for child support is from the guy in Texas.
 

sambo584

Member
she is paying child support to him for the other 2 bio kids and i believe that the adopted kid is all part of the equation for support. the big question here is they lied on the adoption paperwork about there being no known father...would that be a reason to reverse the adoption,even if i dont contest it?
 

Zigner

Senior Member, Non-Attorney
she is paying child support to him for the other 2 bio kids and i believe that the adopted kid is all part of the equation for support. the big question here is they lied on the adoption paperwork about there being no known father...would that be a reason to reverse the adoption,even if i dont contest it?
It *might* be a reason for YOU to reverse the adoption...not for them.
 

justalayman

Senior Member
it may be or have been a possibility if you wanted to contest the adoption but since they are the parties that sought the adoption and they are the parties that provided the information, I seriously doubt reversing the adoption, by their request, is possible.

She could even cause trouble for herself and her ex if they prove that they themselves willingly lied on the documents concerning the adoption. Courts don;t like to be lied to.

I am not sure you could even argue against the adoption considering the amount of time that has passed.

she may be opening a can of worms she may not want to have for dinner.
 

sambo584

Member
it may be or have been a possibility if you wanted to contest the adoption but since they are the parties that sought the adoption and they are the parties that provided the information, I seriously doubt reversing the adoption, by their request, is possible.

She could even cause trouble for herself and her ex if they prove that they themselves willingly lied on the documents concerning the adoption. Courts don;t like to be lied to.

I am not sure you could even argue against the adoption considering the amount of time that has passed.

she may be opening a can of worms she may not want to have for dinner.
here in ny if you file an instrumnt with the government with information you know is false it is a felony!!
 

BL

Senior Member
here in ny if you file an instrumnt with the government with information you know is false it is a felony!!
Your Lawyer can also request the filing be held " frivolous " , imposing sanction(s) , one of which is to pay your attorney fees . :)
 

sambo584

Member
well i meet with my lawyer next thursday and the hearing is on the 9th if nothing else it will definatly be interesting, the action was filed by new york state child support enforcement and i dont think they know the child was previously adopted by another man...this gonna get ugly:eek:
 

Zigner

Senior Member, Non-Attorney
here in ny if you file an instrumnt with the government with information you know is false it is a felony!!
Sure, but it would have to be PROVED. How would one PROVE what someone did or didn't know 17 years ago? Her statement could have been entirely truthful.
 

nextwife

Senior Member
well i meet with my lawyer next thursday and the hearing is on the 9th if nothing else it will definatly be interesting, the action was filed by new york state child support enforcement and i dont think they know the child was previously adopted by another man...this gonna get ugly:eek:
If there has been a legal adoption, biology is irrelevant. WE adoptive parents are financially responsible for our kids, the bioparent who relinguished rights is NOT.
 

sambo584

Member
she contacted me when the child was 5 and then i asked for a dna test.i wanted to make sure the child was mine .when i did she stated that she had the 3 other guys from the time tested and that i must be the dad and dna testing wasnt needed..i disagreed and she stopped all communication with me untill just recently when she found out that i have a fairly successsful bussiness!! she and the child both acknowledged that they believed i was the father and the adopted dad knew of me...but for arguments sake how do you suddenly realize 17 yrs later "who" the father is???????
 

sambo584

Member
and believe me its not about money for me it is principal.....there is a man who adopted the child gave her his name raised her as her own.....first i dont officially know she is mine but in the case that she is biologically mine, i have not been the father to the child!! nor at this time do i legally have any rights as a parent!!
 

BL

Senior Member
and believe me its not about money for me it is principal.....there is a man who adopted the child gave her his name raised her as her own.....first i dont officially know she is mine but in the case that she is biologically mine, i have not been the father to the child!! nor at this time do i legally have any rights as a parent!!
Read what nextwife typed .
 

sambo584

Member
If there has been a legal adoption, biology is irrelevant. WE adoptive parents are financially responsible for our kids, the bioparent who relinguished rights is NOT.
i agree with you on that! in this case they lied on the adoption paperwork and claimed no known father so there was no relinquishing of rights on my behalf legally, with exception that i have never been a part of the childs or paid any support, in that case i would not disagree that there is an abadonedment issue and therefore relinquished my rights.
 

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