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Thread: Order of Filiation 1976 New York

  1. #1
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    Default Order of Filiation 1976 New York

    I was born in 1969 and my mother petitioned NYC Court for paternity against my father in 1972. My father was a wealthy man and fought the paternity case but on July 2, 1976 an Order of Filiation was entered. Ironically, one day after my 7th brithday.

    After the order of filiation was entered, the clerk court was directed to place the matter of support and maintence on part II of the court calendar dated for 8/12/1976. My mother was not able to show to court so the matter was dropepd and my father never paid me a nickle.

    My question is: Since I'm now 37 years old is there anything really important that I should do to ensure my own legacy? Statue of limitations comes up, too late to do anything.? How about the state dropping the ball? My mother was on public assistance till I was 16 years old. I'm fine, worked really really hard throughout my whole life.. But, what now? Do I have any leagal recourse to receive back child support and find out about the medical condition of a family that is unknown to me?

    Or, should I just let it go?

  2. #2
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    Let it go.

    No judge is going to entertain a 37 year old adult filing for child support from his/her father.

    Besides, you aren't paid child support... your mother would be.
    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.

  3. #3
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    Quote Originally Posted by cyjeff View Post
    Let it go.

    No judge is going to entertain a 37 year old adult filing for child support from his/her father.

    Besides, you aren't paid child support... your mother would be.
    I would ask a local ESTATE lawyer if you would at least be able to lay claim to some inheritance...

  4. #4
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    Unless the OP was named in the will, there would be no inheritance to attach.
    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.

  5. #5
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    http://www.blankrome.com/index.cfm?c...=37&itemID=334

    I have heard of cases where people were able to dispute that.

  6. #6
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    Yes, but only if there wasn't a will... from the same article...

    Executing a will that either provides for or disinherits a nonmarital child might alleviate concerns of post-death testing. Even if a decedent dies testate, however, a nonmarital child may succeed to a portion of his estate as an after-born child under New York's pretermitted heir statute, EPTL 5-3.2, if the child was born after the will was executed and provided the requirements of EPTL 4-1.2 are satisfied.7 Practitioners might want to consider a definition of "child" in the will to exclude non-marital children if that is the testator's desire.
    So, if a will specifically excludes non-marital children, there is no estate to attach.
    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.

  7. #7
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    This is true, but it never hurts to ask... I would want to know my blood relatives and would search them out just for the curiosities of knowing them, not for money.

  8. #8
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    That is a completely different issue. I would want to know my extended family (and their medical history) as well.

    But they also have the right to deny that contact if they wish.
    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.

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