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    willi's Avatar
    willi Posts: 2, Reputation: 1
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    #1

    Jun 25, 2007, 06:32 PM
    Statue of limitations for paternity
    Can adult child sue a mans estate for child support? There is no paternity judgement or never any support ordered. Unknown if man is biological father or not, mans name not on child birth certificate. Is there a statue of limitations in Wis. Adult child is 26 yr old. And born & lives in another state.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 26, 2007, 07:13 AM
    Hello w:

    In this great country of ours, anybody can sue anybody. The problem you have is proof AND the SOL. If you don't have it, you're not going to win.

    But you must have something, or you wouldn't be asking the question. Take what you have and visit a lawyer. If he can't help you, he won't charge you.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Jun 26, 2007, 08:17 AM
    In many states a minor can not bring suit but can once they reach 21, plus 7 more years. However, child support is not paid to the child, rather to the custodial parent. Maybe your mom could file too. How long has dad been deceased and how would you plan to prove paternity?
    willi's Avatar
    willi Posts: 2, Reputation: 1
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    #4

    Jun 27, 2007, 04:21 PM
    Quote Originally Posted by ballengerb1
    In many states a minor can not bring suit but can once they reach 21, plus 7 more years. However, child support is not paid to the child, rather to the custodial parent. Maybe your mom could file too. How long has dad been deceased and how would you plan to prove paternity?
    I am a relative of the deceased and hope to protect his estate. He is not listed on her birth certificate and no child support has ever been ordered. She would have to prove paternity through DNA. At time of death Dec. ‘06 she was 26 yr old. Is there a statue of limitations in Wis that prohibits her from going for back child support when there has never been any ordered?
    Can she sue the estate for child support that neither she or her mother received.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #5

    Jun 27, 2007, 04:24 PM
    Like excon pointed out, anybody can sue anybody but will she prevail? In most states she could sue 7 years after she turns 21 but I seriously doubt it would go anywhere.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 27, 2007, 04:43 PM
    No you can't sue for back child support, the child's mother could do that.

    BUT>>>> if the person is the parent of the child, the child can sue in probate for their share of the estate,
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