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My Friend is in Tennesse, BUT New York

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  • My Friend is in Tennesse, BUT New York

    A New York State Judge took away my friends rights as a father 13 years ago. My friend lives in Tennesse now..

    Now the Mother who lives here in New York State wants child support after 13 years, he is already getting money taken out of his pay check each week for child support for his second child that he had with his ex- wife. Can his EX- Girldfriend do this??

  • #2
    Originally posted by Stormiee View Post
    A New York State Judge took away my friends rights as a father 13 years ago. My friend lives in Tennesse now..

    Now the Mother who lives here in New York State wants child support after 13 years, he is already getting money taken out of his pay check each week for child support for his second child that he had with his ex- wife. Can his EX- Girldfriend do this??
    It depends what you mean by "took away his rights."

    If you mean his visitation rights, then yes, she can pursue child support. Parents are obligated to support their chilrne financialy even if they do not see those children.

    If his parental rights were terminated by the court, then no.

    It is HIGHLY UNLIKELY that his parental rights were terminated unless the mother had someone else there to adopt the child (her husband).

    What he is paying in supprot for a second child has no bearing on this issue.

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    • #3
      Originally posted by MomofBoys View Post
      It depends what you mean by "took away his rights."

      If you mean his visitation rights, then yes, she can pursue child support. Parents are obligated to support their chilrne financialy even if they do not see those children.

      If his parental rights were terminated by the court, then no.

      It is HIGHLY UNLIKELY that his parental rights were terminated unless the mother had someone else there to adopt the child (her husband).

      What he is paying in supprot for a second child has no bearing on this issue.
      The Judge stripped him of all rights and the Mother said OKAY! I want nothing to do with him ever again, she went as far as renewing order of protections against him for 13 years. He never hit her or beat or hurt his child, He never got to meet his child ever.. The Judge called him a loser in court before he wanted a DNA test, I was there when this happened, the judge then went and terminated his parental rights. I have known my friend for 20 years and he is in a bad way, his 2nd wife just died before X-Mas in a car accident and he is raising his third daughter and her 2 children. PLUS having his 1st wife take out 400.00 a month out of his pay for his second child that he never gets to see.

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      • #4
        Originally posted by Stormiee View Post
        The Judge stripped him of all rights and the Mother said OKAY! I want nothing to do with him ever again, she went as far as renewing order of protections against him for 13 years. He never hit her or beat or hurt his child, He never got to meet his child ever.. The Judge called him a loser in court before he wanted a DNA test, I was there when this happened, the judge then went and terminated his parental rights. I have known my friend for 20 years and he is in a bad way, his 2nd wife just died before X-Mas in a car accident and he is raising his third daughter and her 2 children. PLUS having his 1st wife take out 400.00 a month out of his pay for his second child that he never gets to see.


        My friend's ex-girlfriend is also married for 11 years and that her husband has been supporting the child since birth, financial and emtionally.

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        • #5
          None of which changes his responsibility as a father if the court decides he is responsible.

          Yes, you say... but the ex wife is already taking so much out of his check that any more would be a financial hardship.

          Tell your friend to stop having children he cannot support.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            If his parental rights were terminated, it would be on public record and he could use that record to prove that he wouldn't need to pay for support. If just his visitation rights were taken away, he can pay support or he can file for visitation and try to have a relationship with his child and pay support.

            Was he legally declared the father via a DNA test? Or was he declared the legal father by acknowledgement or default?

            Comment


            • #7
              Originally posted by demartian View Post
              If his parental rights were terminated, it would be on public record and he could use that record to prove that he wouldn't need to pay for support. If just his visitation rights were taken away, he can pay support or he can file for visitation and try to have a relationship with his child and pay support.

              Was he legally declared the father via a DNA test? Or was he declared the legal father by acknowledgement or default?
              No DNA was done at all, the judge was a real *** and told my friend that he was a loser and terminated all rights ( when I say all rights, I mean Chris still to this day has order of protections on him to keep him away fromhis child ) my friend tried to appeal but was denied.

              Also an update as of this morning ( at 6am ) , his ex-girlfriend that wants the back child support was admitted to a hospital with now we are finding out, drug addictions to pain pills. Now common sense is telling me she wants the money for drugs not for child support. Also now we are told her Husband who has been raising my friends child all these years makes lots of money ( 250,000 a year with a house free mortgage ) so why would she need the back child support?

              This is a horrible soap opera, my friend Chris is going through hell.

              His ex-girlfriend wants back child support for 13 years with his first daughter

              His 1st wife cheats on him they divorce and is getting 400.00 a month for child support for his second daughter

              His second wife dies when a drunk driver hits her head on, right before the Holidays last year leaving him with their daughter and his 2 step children. So now he is raising 3 children on his own and his first wife gives him visits with his second daughter once a month. He need somes help.

              Comment


              • #8
                I know you keep saying that the judge stripped him of all rights. What you are not clear about is...

                Did the judge just strip him of all right as far as custody and visitation (which is bad enough) OR did the judge terminate his parental rights? They are two seperate things. A person can have no right to custody/visitation/contact with a child but still be help responsible for financial support of the child. If the parental rights are terminated, then legally, the person is no longer the parent of the child....meaning NO responsibility to support the child.

                I'm not sure you know exactly what was ordered.

                Now, that said...IF he is ordered to pay support, he won't be paying for the past 13 years. In NY, retro active child support may only be ordered to the date of filing for CS. As there is already a support order for another child, the amount of that existing order will be deducted for calculations of any new support order.

                He needs to find out exactly WHAT happened in court 13 years ago. Go from there.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  It sounds to me as if he was never legally declared the father. Don't listen to the "she said" comments as they mean nothing. If he was never declared the father, then she would need to establish paternity before anything else.

                  As for the rest of the details about his life, they really have no bearing on this particular child. The person who raised them has no bearing on this issue if your friend is later found to be the legal father.

                  I agree, back support if not filed for 13 years ago, is not going to happen.

                  Comment


                  • #10
                    Originally posted by demartian View Post
                    It sounds to me as if he was never legally declared the father. Don't listen to the "she said" comments as they mean nothing. If he was never declared the father, then she would need to establish paternity before anything else.

                    As for the rest of the details about his life, they really have no bearing on this particular child. The person who raised them has no bearing on this issue if your friend is later found to be the legal father.

                    I agree, back support if not filed for 13 years ago, is not going to happen.
                    His rights were totally TERMINATED. Period...

                    Comment


                    • #11
                      Originally posted by Stormiee View Post
                      His rights were totally TERMINATED. Period...
                      You STILL are not answering the question.

                      Which of his rights were totally terminated?

                      His PARENTAL rights, or his VISITATION rights?

                      They are different things. He should have paperwork or be able to find it. Unless and until you can state the actual wording of the order here, no one can accurately answer your question.

                      Comment


                      • #12
                        Originally posted by Stormiee View Post
                        His rights were totally TERMINATED. Period...
                        If he was never established as the legal father (by your posts, you state that the judge wouldn't let him) then his parental rights could not be terminated. You can't terminate parental rights that do not exist.

                        Either way, I gave you the information he needs for retroactive child support in NY.
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

                        Comment

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