Matter Of L. Pamela P. v. Frank S.

449 N.E.2d 713 (N.Y. 1983)

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Nature of the Case

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Facts

Following a hearing on the paternity petition, Family Court made an order of filiation, having found by clear and convincing evidence that respondent is the father of petitioner's child. F then endeavored to establish that petitioner, intending to have respondent's child regardless of his wishes, misrepresented to him that she was using contraception. Although petitioner conceded that she was not, at the time of conception, using any form of birth control, she denied that any conversation concerning contraception took place. The court found that petitioner had purposely deceived respondent with regard to her use of contraception and that this wrongful conduct should weigh in respondent's favor in determining the parents' respective support obligations. It held that an order of support would be entered against the father only in the amount by which the mother's means were insufficient to meet the child's needs. An appeal was taken. The Appellate Division modified Family Court's order, striking the defense of fraud and deceit and increasing the child support award accordingly. Noting that the only factors to be considered by Family Court in fixing an award of child support are the needs of the child and the means of the parents, the Appellate Division held that the father's allegations concerning the mother's fraud and deceit had no relevance to the determination of his obligation to support the child. It struck the fraud defense and increased child support. Another appeal was taken