Full question:
I was separated from my husband 5 years ago. At the time of separation I had one child, who has child support. After 2 years of separation I gave birth to another child. Can I claim child support for the second child from my ex-husband under New York law?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: New York
Answer:
In New York, the biological father is primarily responsible for child support. According to N.Y. Fam. Ct. Act § 413(1)(a), both parents of a child under twenty-one years old must support their child if they have the means to do so. The court determines the amount of child support based on various factors.
Additionally, N.Y. Fam. Ct. Act § 415 states that a parent is responsible for supporting their children under twenty-one years old. However, in the case of Monroe Cty. Dep't of Soc. Servs. on Behalf of Palermo v. Palermo, the court ruled that a stepfather is not required to pay child support for a child born after separation from the stepfather.
In your situation, since the second child was born two years after your separation, your ex-husband may not be obligated to pay child support for this child.
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.