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ANDREA,
ANDREA,, Lawyer
Category: Family Law
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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I just recently find out that I might have a daughter shes

Customer Question

I just recently find out that I maight have a daughter shes 12 years old Im willing to do dna test but im worry if that would affect me and my family financially and I also have another daugther that I pay voluntary child support Im just wondering how would all this affect us financially...
Submitted: 4 years ago.
Category: Family Law
Expert:  ANDREA, replied 4 years ago.

Good Evening

 

Thank you for your question

 

You can ask the mother if she will allow her daughter to have a DNA test done. If she refuses, you can file a Petition to Establish Paternity with the Court and the mother will have to allow her daughter to have the DNA test done.

 

If paternity is established you can establish a relationship with your daughter and get regular visitation with her.

 

The mother can file a Petition for Child Support in order to establish an amount. In calculating the amount of child support the Judge takes the income of both parents in computing the amount of child support according to the Child Support Guidelines. If you do not pay the amount in the Child Support Order, the mother can file a Petition for Contempt and if the Judge finds you in Contempt of Court. The Judge has the discretion to put in jail anyone held in Contempt of Court.

 

I am not trying to paint a bleak picture, I just want you to know all the possibilities, both good and bad.

 

If you need anything further, please let me know and I will be glad to explain or clarify. Your question will not close when you press the "ACCEPT" button and you may ask follow up questions if you like for clarification without any charge.

 

 

 

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ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11851
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Can she come back to me for these 12 years of back child support ??
Expert:  ANDREA, replied 4 years ago.

Dear DamianC,

 

Thank you so much for accepting my answer, I truly appreciate it.

 

The mother cannot come after you for child support for the past 12 years.

 

If she files a Petition for child support, the most she can ask is that child support be retroactive to the date she filed the Petition. For example, if (and only if) the mother files a Petition for Child Support on May 1 and a hearing date is set for May 28; The most that the Judge could go back to is May 1, the date on which the Petition for Child Support was filed.

 

A word of caution, if paternity is established and you decide to give any money to the mother, please be sure it is by check or money order, anything for which you will have a receipt.

 

If you need anything further or have questions in the future, please feel free to ask for me by typing my name at the beginning of your question and I will be glad to help you.

 

Kindest regards,

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Don't forget to leave positive feedback!

 



Edited by ANDREA, on 5/1/2010 at 2:20 AM EST

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ANDREA,
ANDREA,
Family Lawyer
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25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law