New York Family Law Blog
A New York Family Lawyer said complainants initiated a paternity proceeding against a man. An infant had been born and after a denial by the man, preparation for a contested proceeding followed. However, both parties with their attorneys resolved the matter and executed a written agreement.
A New York Custody Lawyer said in the main agreement, the man admitted paternity and committed himself to pay $3,500 for the complainant’s counsel fees and blood test expenses. The man also committed to pay the sum of $216.67 per month and to establish a trust fund for the child in the amount of $20,000.
Under the terms of the trust agreement, the interest from the amount was to be used by man to subsidize the monthly child support payments with the amount to be given over to the child when he attained twenty one years or, if the child did not survive, to revert to the man. But, if the man died during the child’s infancy, the complainant mother herself would succeed as trustee.
The main agreement further stated the parties’ desire to resolve the argument and both issues bear numerous handwritten and initialed changes. On that same day, the judge signed an order which approved the agreement.
A Bronx Family Lawyer said the judge additionally ordered the man to pay $1,700 for the support of the child from the time of birth to the date of the agreement, besides reciting the $3,000 for the mother’s counsel fees and $500 for the blood tests. Neither the agreements nor order make any provision for future modification. Moreover, the order concludes by declaring that it bars any and all other remedies of the complainant or of the child for support and education.
After some time, the complainant mother returned to the court and filed an appeal seeking to set aside the agreements and the order on grounds that they were unjust, unfair, and the product of coercion, overreaching and taint by virtue of her debilitation at the time.
A Bronx Custody Lawyer said the mother further sought a declaration of nullity asserting deprivation of her rights and the child’s procedural due process rights. She simultaneously sought improvement of the trust and an accounting of trust earnings. Later, the complainant’s appeal was heard by a hearing examiner who treated the application as a motion and rendered a decision and accompanying order.
In holding that none of the grounds properly existed, the hearing examiner concluded that there was little power to review or affect the prior support order and additionally held that there was no evidence of physical or mental disability on the complainant’s part at the time of the settlement. Therefore, the decision and the order were entered. No appeal to, or rehearing by, a judge or any other discussion was ever sought by the complainant from the order.
Sources revealed that an act provides that an agreement for the support of an out of wedlock child and the mother, or either of them, is binding upon them only when the court approves such settlement; such approval can be given only when notice and opportunity to be heard is given to the local welfare official.
Subsequently, a motion is made by the man to dismiss the complaint based upon various grounds under the law. Sources revealed that being a declaratory decision action, declaration rather than dismissal would be appropriate and therefore dismissal is denied.
Moreover, a full submission has been received and a cross-motion by the complainant specifically seeks declaration. The cross-motion is granted to the extent a declaration of the rights of the parties will be made. With that, the complainant has attacked the constitutionality of the act and properly notified the attorney general’s office which has declined to interfere.
If your child experienced denial from your partner, you can initiate a paternity action with the help of the Nassau County Family Attorneys. If you want seek sole custody of your children you can have a Nassau County Custody Attorney or Nassau County Guardianship Lawyer from Stephen Bilkis and Associates office represent you.