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Man Still Has To Pay Child Support Even Though DNA Proves He Is Not Biological Father
A man, Mark, had intimate relations with a woman
who later had a child, a daughter. The woman told
Mark that the child was his. Mark assumed the child
was his and he started supporting her; he even made
the child his life insurance beneficiary. The child
thought that Mark was her father. She referred to
him as "daddy", met Mark's parents, and Mark would
often buy gifts for the child.
After three years Mark stopped supporting the child.
The mother went to family court in New York and,
among other things, requested child support. The
mother swore that Mark was the child's father and
that she did not have sexual relations with anyone
but Mark during the nine months preceding the
child's birth. Mark didn't believe her. He requested a
DNA test. Lo and behold DNA proved the child
wasn't Mark's child at all. But hold on, the court
ruled that it was in the child's best interest for Mark
to still support the child. Why? Mark waited too
long to ask for a DNA test. For years the child
thought that Mark was her father. Mark supported
her and the child formed an emotional bond with
Mark. Therefore, Mark had to continue his parental
obligations.
So what is the lesson to be learned here? If you
have any doubts that a child may not be your child,
always, always ask for a DNA test before you commit
to supporting or forming a relationship with the child.
This interesting case is Shondel J. v. Mark D., 7
N.Y.3d 320, 820 N.Y.S.2d 199 (July 6, 2006; 5-2
decision).
Find out more about child support on our website. Go to areas of practice and click child support....
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Dear Reader,
Happy New Year! I love the beginning of the year!
The hustle and bustle of the holiday season is behind
us and the beginning of the year is a quiet time
to reflect on all that have been accomplished during
the past year and to set new goals or to fine-tune
existing ones for the upcoming year. We at
the Law Offices of Angela Barker LLC are
committed to help ease the transition through the
various life stages: whether it be a family addition
through adoption; or a change in the family structure
as a result of a marriage, divorce, or separation. We
are there for you as you buy or sell your home, and
we assist our clients in planning for their or their
loved ones golden years. People are our business.
For the benefit of our clients and the communities
we serve we have developed this newsletter as
a legal and consumer resource. Enjoy.
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| How Do I Get Quality, Affordable Long Term Care For My Loved Ones? |
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You care deeply about your loved ones. You want
them to have the very best possible care. If you are
like most families, the cost of long term care comes
as a terrible shock. The care that is needed is often
very expensive over the long haul. The best step
to take in planning for that care is dependent on the
health of your loved one, her financial resources,
whether she needs care today or in the future.
In addition, it is critical to have an understanding of
all the government benefits that are available for the
elderly. For example, Supplemental Security Income
(SSI) is a government benefit that provides money to
help eligible individuals with their living expenses and
care. You have to qualify for SSI. It is based on
your income and available resources. Another
government program is medicare. Similar to SSI,
Medicare also has income and resources limits.
Medicaid eligibility rules are getting tighter and the
law is on the side of those who plan.
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To Find Out More about Medicare and SSI Eligibility Contact the Law Office of Angela Barker LLC |
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| Why Do I Need Title Insurance For My Home? |
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Owning a home is one of the best ways to build
wealth. How do most people buy a home? Well
typically a person sees a property with a "For Sale"
sign on the lawn, calls up the number listed on the
sign, asks to speak to the owner or real estate
agent, and makes an appointment to look over the
house. If he likes what he sees the potential buyer
and seller agree on a selling price, enter into a
contract, and after a series of additional steps, the
house closes and the buyer now owns a home.
Now what happens if the seller of the house did not
have the right to sell the house. Let's say 3 months
after he bought his home the buyer is in his driveway
washing his car and a person comes up to him and
says "This is my house." "My wife and I bought this
house together. We are going through a divorce and
she wasn't authorized to sell it to you without my
permission." What should the buyer do? Well if he
purchased title insurance he is protected.
Title insurance protection includes false
impersonation of the true owner of the property by
the seller or other previous owners; forged deeds,
releases or other documents; deeds by people of
unsound mind, deeds by minors, fraud, and in this
case, a deed by a supposedly single person who is
actually married. Once purchased, title insurance
remains in effect for as long as you own your
property. Title insurance adds security and peace of
mind to home ownership. It is very important that
when choosing a title insurer you look for a company
with experience as well as financial strength to
protect you.
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To find out more about buying a home go to www.angelabarkerlaw.com and click on areas of practice |
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