Am I liable for paternity support seven years after birth in WI? | Sterling Law Offices, S.C. global $post;
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– from Jeffery W. in West Bend, WI

Question Details:

A 7-year-old child filed for paternity support and is asking me for past and future support. The child is illegitimate and the mother has never filed a case before. Can the child file for paternity independently?

Family Law Attorney Response:

The paternity statutes that courts follow require an individual (whether it be the mother or the child independently) to file a paternity claim within five years of the birth of the child. The statutes also state the district attorney should be involved in paternity cases and has broad discretion over whether a child support claim is legitimate.

In the case of J.M.S. v. Benson, 98 Wis.2d 406, 297 N.W.2d 18 (1980) an illegitimate child attempted to file a paternity claim against an alleged father, but did so without the district attorney participating in the case. The child was approximately 11 years old at the time and, neither the child or the mother had previously raised a paternity claim. The court ruled in favor of the alleged father as the child did not consult the district attorney and failed to follow the paternity statutes.

Contact Sterling Law Offices, S.C. with more details about your situation as there could other information that might affect the results of the case.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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