Full question:
I have a 17- year- old son, who was born out of wed lock. We reside in Lockport. Is he entitled to child support from his purported father under New York law?
- Category: Paternity
- Subcategory: Child Support
- Date:
- State: New York
Answer:
In New York, a child born out of wedlock may be entitled to child support from their putative father if certain conditions are met. These include:
- The child must show that their parents entered into a ceremonial marriage, valid or not.
- The child must be a stepchild of the man and receiving public assistance or in care of someone who may need assistance.
- There must be an order of filiation from a competent court.
This is outlined in N.Y. Fam. Ct. Act § 417, which states that a child whose parents marry at any time before or after their birth is considered legitimate for all purposes, regardless of the marriage's validity. Additionally, N.Y. Fam. Ct. Act § 415 states that parents are responsible for supporting their children under twenty-one years old, especially if the child is receiving public assistance.
In the case of Lattanzio v. Lattanzio, the court ruled that a child could not receive support unless there was proof of a ceremonial marriage, a stepchild relationship, or a court order of filiation. Therefore, your son may be entitled to support from his father if any of these conditions are satisfied.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.