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How can an order of filiation help in obtaining child support?

Wanting a father to take on some sort of financial responsibility for raising his child is certainly a reasonable request. However, when children are born out of wedlock, getting a child support order can be a bit of a process — especially if paternity is being denied. There are unmarried fathers in New York, though, who may accept parentage without any issue and are ready and willing to be acting participants in the lives of their children. In such an instance, when both parents agree to parentage, and a DNA test is not insisted upon, an Order of Filiation may be filed with the court in order to open a case for custody and child support.

An Order of Filitation may be filed on consent of both a child’s mother and father. This means that both parents agree to the father being listed as the child’s parent. This gives him the right to seek custody or vis itation. It also means he may be ordered to pay child support.

Once an Order of Filiation is filed and accepted by the court, it can be extremely difficult to reverse. So those with any doubts of parentage may want to consider going a different route and insist on DNA testing. On the other hand, those ready and willing to accept parentage may find this a faster route to getting custody and support cases started, as there is no waiting for DNA results.

For mothers who desire child support and unmarried fathers who are wanting to be apart of their children’s lives, filing an Order of Filiation may be the best route to starting custody and child support cases. However, it is always wise to seek legal counsel before moving forward in order to make sure it is in one’s best interests. Those residing in New York can turn to experienced family law attorneys to seek further information about this topic and any other questions or concerns they may have regarding custody, vis itation and child support matters.

Source: nycourts.gov, “Order of Filiation”, Accessed on Sept. 15, 2016

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District