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– from Evelyn R. in Farmington, WI

Question Details:

The statute of limitations for paternity is supposedly being reduced. I followed the original statute of limitations and filed my paternity case. However, if the statute of limitations is amended will the court dismiss my case?

Family Law Attorney Response:

Unless the amended statute of limitations specifically mentions your case, you should not have to worry.

In State v. D.B. (In re Paternity of D.L.T) 137 Wis.2d 57, 403 N.W.2d 434 (1987), one party attempted to dismiss a case after the amended statute of limitations passed. However, the courts allowed the case, as an amended statute of limitations has no effect whatsoever on an existing cause of action unless the amending legislation ‘expressly’ provides otherwise.

If you have any more questions, feel free to call.

Dan Exner, J.D.

Family Law Attorney

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Sterling Law Offices, S.C.
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