DoI have to drop a child support actionif the father and I are a couple again?

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DoI have to drop a child support actionif the father and I are a couple again?

We were broken up and I filed for support but now we are back together again. We do not live in the same household, in fact he is going to be moving in with his mom out od state.

Asked on December 4, 2011 under Family Law, New York

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Thank you for submitting your question regarding whether or not to drop your child support action against your current boyfriend.  You should be aware that the laws governing child support vary from state to state.  If you need specifics for your state, you may want to contact a family law attorney in your area to assist you with obtaining child support. 

First, if you are not married to the baby’s father at the time the baby was conceived or born, then the court will first want to establish paternity.  This means that the court will want to ensure that your boyfriend is the baby’s father.  If you are not currently on government assistance, the court may charge you a small fee to get the paternity testing completed.  This fee is usually less than $50. 

Once you file for child support, the court may assign you a case worker to walk you through the paternity testing process and even assist you with obtaining the actual support.  There can be a number of government agencies involved in the child support process, and therefore can be a lengthy process.

Even though you are currently dating your boyfriend, you may want to have the child support order in place so that you are guaranteed your child is being taken care of.  If he is supporting the child as needed, then he should not have a problem with a child support order.  He will have no legal complications as long as he complies with the child support agreement.  Also, since it can be a lengthy process, you may want to start the process sooner than later, because you do not know if this relationship will work out, and you want to be certain he is supporting the child even if you should break up.

 


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