chump
10-29-2006, 06:26 AM
I'm a 29yr old man in NY going to court for falurie to pay child support . I haven't paid since may . The child is 9 . She was born to a girlfriend out of wedlock , and we shortly after broke up . We went to court , both willingly , after we broke up to put the current support I was giving her in writing . It was long ago and I don't remember if I signed paternity agknowledgement at that hearing or at the hospital , but either way I did .I don't have any documents as my apartment burned with everything I owned in it about 6 years ago . I'm currently married with 2 children with my wife .
I have payed my support every month on time for 9 years with no instances . I became aware I am not the bio-father in May , and told the mother I would still support the child , but directly and I wasn't paying her anymore . After confronting her she was scared and told me she was going to pay me back and shes sorry and bla bla . After she found out I have no rights things changed . She first took me to court trying to take away my visitation rights . She said I am a violent alcoholic and I beat my wife . She wanted 'supervised' visitation and me to get counciling . This was all lies , and the law gaurdian din't buy it . I still have my visitation rights , but I did say I wouldn't drink alcohol during visitation to make some kind of comprimise I guess , whatever . Now she hasn't followed the order and hasn't let the child come to my house at all .
I goto court on tuesday for falurie to pay child support now . I can't believe paternity fraud isnt illegal .
What do I want out of the case? I want to stop having to pay for a lie , a fraud . I know this may mean signing away my rights . I would rather gain full custody and raise her in a family with standards and values .
What I am asking you for here is an explaination of the court process . basic procedure, sequence of what happens from filing through motions, discovery, trial, post-trial. I have been reading alot on the subject.....but I have no law experience . I need to make my points , know how , and feel confident .
I've been given advise to go down and file Modification Petition citing the contempt(s) of violation of Custody/visitation orders , which I will do Monday , and use that as a defense and request support payments be suspended during the denial Period .
Anyway I was reading through laws and have found some things that may work in my favor . Can you tell me if they apply to me and how to bring them up in court .
BILL A06670 Section 6 Line#18--------------------------------------------------------
SHOULD SUCH ALLEGATIONS BE PROVEN FALSE, THE COURT SHALL HAVE
19 WITHIN ITS POWER THE AUTHORITY TO SANCTION THE ACCUSING PARTY. THE
20 SUBJECT OF AN UNFOUNDED REPORT OF DOMESTIC ABUSE WHO BELIEVES THE REPORT
21 WAS MADE MALICIOUSLY AND IN BAD FAITH MAY PRESENT A WRITTEN REQUEST TO
22 THE COURT FOR A DETERMINATION THAT THE REPORTER ACTED MALICIOUSLY OR IN
23 BAD FAITH AND MUST BE SANCTIONED.
Bill A06670 Section 26 Line#26-------------------------------------------------------------------
EVIDENCE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FAMI-
28 LY COURT JUDGE SHALL, IN EVERY PROCEEDING AND HEARING UNDER HIS OR HER
29 JURISDICTION, REVIEW ALL EVIDENCE INCLUDING LAW GUARDIAN REPORTS, CHILD
30 ADVOCATE REPORTS, PHYSICIAN REPORTS, PSYCHOLOGIST REPORTS AND COUNSELING
31 REPORTS, AS WELL AS ALL THIRD PARTY COMMUNICATIONS RELATED TO THE
32 PROCEEDING OR HEARING.
BILL A06670 Section 27 line#6------------------------------------------------------------
IF CHILD SUPPORT IS BEING PAID AND THE RECORD OR
7 REPORT OF RESULTS OF ANY GENETIC MARKER OR DNA TEST OR TESTS DO NOT
8 INDICATE AT LEAST A NINETY-FIVE PERCENT PROBABILITY OF PATERNITY, IF
9 UNREBUTTED, THE COURT SHALL ORDER THE IMMEDIATE CESSATION OF ALL CHILD
10 SUPPORT REGARDLESS OF THE LENGTH OF TIME THAT CHILD SUPPORT HAS BEEN
11 PAID, EXCEPT IN A CASE WHERE A SPERM DONOR WAS USED AND THE PUTATIVE
12 FATHER WAS AWARE OF AND CONSENTED TO SUCH USE IN WHICH CASE THERE SHALL
13 NOT BE A CESSATION OF SUPPORT.
I read these laws and it tells me that she should be in trouble for making false claims about me being a wife beater ect . The law gaurdian spoke to het , me and the child . And it was her opinion that there is no danger and the claim was bogus . And the last one I posted says straight out that no matter how long CS has been being paid , it shall cease .
I got the bills from > http://assembly.state.ny.us/leg/?by=k&qs=child+custody
I have payed my support every month on time for 9 years with no instances . I became aware I am not the bio-father in May , and told the mother I would still support the child , but directly and I wasn't paying her anymore . After confronting her she was scared and told me she was going to pay me back and shes sorry and bla bla . After she found out I have no rights things changed . She first took me to court trying to take away my visitation rights . She said I am a violent alcoholic and I beat my wife . She wanted 'supervised' visitation and me to get counciling . This was all lies , and the law gaurdian din't buy it . I still have my visitation rights , but I did say I wouldn't drink alcohol during visitation to make some kind of comprimise I guess , whatever . Now she hasn't followed the order and hasn't let the child come to my house at all .
I goto court on tuesday for falurie to pay child support now . I can't believe paternity fraud isnt illegal .
What do I want out of the case? I want to stop having to pay for a lie , a fraud . I know this may mean signing away my rights . I would rather gain full custody and raise her in a family with standards and values .
What I am asking you for here is an explaination of the court process . basic procedure, sequence of what happens from filing through motions, discovery, trial, post-trial. I have been reading alot on the subject.....but I have no law experience . I need to make my points , know how , and feel confident .
I've been given advise to go down and file Modification Petition citing the contempt(s) of violation of Custody/visitation orders , which I will do Monday , and use that as a defense and request support payments be suspended during the denial Period .
Anyway I was reading through laws and have found some things that may work in my favor . Can you tell me if they apply to me and how to bring them up in court .
BILL A06670 Section 6 Line#18--------------------------------------------------------
SHOULD SUCH ALLEGATIONS BE PROVEN FALSE, THE COURT SHALL HAVE
19 WITHIN ITS POWER THE AUTHORITY TO SANCTION THE ACCUSING PARTY. THE
20 SUBJECT OF AN UNFOUNDED REPORT OF DOMESTIC ABUSE WHO BELIEVES THE REPORT
21 WAS MADE MALICIOUSLY AND IN BAD FAITH MAY PRESENT A WRITTEN REQUEST TO
22 THE COURT FOR A DETERMINATION THAT THE REPORTER ACTED MALICIOUSLY OR IN
23 BAD FAITH AND MUST BE SANCTIONED.
Bill A06670 Section 26 Line#26-------------------------------------------------------------------
EVIDENCE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FAMI-
28 LY COURT JUDGE SHALL, IN EVERY PROCEEDING AND HEARING UNDER HIS OR HER
29 JURISDICTION, REVIEW ALL EVIDENCE INCLUDING LAW GUARDIAN REPORTS, CHILD
30 ADVOCATE REPORTS, PHYSICIAN REPORTS, PSYCHOLOGIST REPORTS AND COUNSELING
31 REPORTS, AS WELL AS ALL THIRD PARTY COMMUNICATIONS RELATED TO THE
32 PROCEEDING OR HEARING.
BILL A06670 Section 27 line#6------------------------------------------------------------
IF CHILD SUPPORT IS BEING PAID AND THE RECORD OR
7 REPORT OF RESULTS OF ANY GENETIC MARKER OR DNA TEST OR TESTS DO NOT
8 INDICATE AT LEAST A NINETY-FIVE PERCENT PROBABILITY OF PATERNITY, IF
9 UNREBUTTED, THE COURT SHALL ORDER THE IMMEDIATE CESSATION OF ALL CHILD
10 SUPPORT REGARDLESS OF THE LENGTH OF TIME THAT CHILD SUPPORT HAS BEEN
11 PAID, EXCEPT IN A CASE WHERE A SPERM DONOR WAS USED AND THE PUTATIVE
12 FATHER WAS AWARE OF AND CONSENTED TO SUCH USE IN WHICH CASE THERE SHALL
13 NOT BE A CESSATION OF SUPPORT.
I read these laws and it tells me that she should be in trouble for making false claims about me being a wife beater ect . The law gaurdian spoke to het , me and the child . And it was her opinion that there is no danger and the claim was bogus . And the last one I posted says straight out that no matter how long CS has been being paid , it shall cease .
I got the bills from > http://assembly.state.ny.us/leg/?by=k&qs=child+custody
