– from Lori A. in Ottawa, WI

Question Details:

I am a single mother. I dated my son's father for a few months before I got pregnant. When he found out, let's just say he wasn't too happy. We haven't spoke since. I haven't told my son all the details, I figure he's better off without them. Recently, I have fallen on hard times. I know where the father is, in fact, I've always known. Would I be able to collect child support from him, or is it too late?

Family Law Attorney Response:

Never say never. You can take him to court for child support. Child support is not taxable to the recipient which would be you, so it's definitely something to seek out. The outcome of the court case would depend on many things, and honestly, I would need a lot more detail in order to give you the most accurate advice. You would definitely need to speak to an experienced family law attorney in order to go over these details with a fine-tooth comb.

Click here for a list of books to read during a painful divorce.

In the case of W.R.W. v. Bartholomew (In re Paternity of R.W.L.) 116 Wis. 2d 150, 341 N.W.2d 682 (1984), it came down to a matter of statute. The father had moved to dismiss the case on the grounds of exceeding the statute of limitations. However, it was decided that since the mother had no recourse during the first five years of her child's life due to the fact that if the district attorney did not prosecute the case, the mother and child could not. This was validated by the supreme court. The fathers motion to dismissed was denied. This is one scenario substantially befitting how statutes could come into effect in the courtroom.

Speaking to a family law attorney will help better put things into perspective, and will provide you with probable and accurate outcomes.

Dan Exner, J.D.

Family Law Attorney

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