Brian D. Perskin & Associates

Do I Owe Support if I Am Not The Biological Father?

Most people and in fact many lawyers are amazed that a man who holds himself out as a child's father, either by fraud or mistake can be held accountable for child support. The theory in New York is called equitable estoppel. It means if you represent to the child and the world that you are in fact the father, you owe support. Even if you later learn that you are not the biological father. The Court of Appeals recently ruled on this issue. I suggest if you are in this situation, sit down and read the following case very carefully.....

Matter of Shondel J. v Mark D.
2006 NYSlipOp 05238
July 6, 2006
Rosenblatt, J.
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 06, 2006