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Brandon M.
Brandon M., Family Law Attorney
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Experience:  Attorney experienced in all aspects of family law
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This is a different scenario. How would a court rule in

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This is a different scenario. How would a court rule in a paternity/arrears case where the mother (who is a foreign national) filed after 13 or 18 years after the fact for paternity / back support? What if the man never knew, and because she was in the Phillipines and he living stateside, she contacted him via a social network and then started shaking him down for money. The guy did DNA back stateside before deploying to Afghanistan and the kit was mailed to her country (U.S. Embassy). Due to their procedures, the test couldn't be accomplished. After reveiwing her Social Network page, there are kidz with her, but none that could be Amerasian. If she migrates to the states in the next 4 years how would this play out in court, provided that she could produce the said child?
Submitted: 3 years ago.
Category: Family Law
Expert:  Brandon M. replied 3 years ago.
Hello there:

You asked about how the court would rule "13 or 18 years after the fact"... 13 or 18 years after what, exactly? Please clarify. Thanks.
Customer: replied 3 years ago.

Sir,

 

A foreign national comes to the U.S. and files for paternity, 18 or so years after the fact. he child is 18 years of age or older. If the paternity test is 99.9% accurate, would I be able to negotiate back support or arrears for whatever state she intends to immigrate to and or file? How would the arrears be calculated, seeing that this child is now 18 years of age or older and resided in the Phillipines vice the United States where his cost of living was extremely low. Furthermore, the woman in question would not have received any type of public assistance because the child would be 18. Could counsel negotiate a flat out payment based on what it cost to raise a child in the Phillipines? Adding to that, I have two children that I'm supporting also, who will not be off the books until 2021 and 2026. Please advise. Thanks.

Expert:  Brandon M. replied 3 years ago.
I have a few questions with regard to the 18 year old.

1. Has a judgment of paternity been entered in the courts?

2. Has there ever been an order for child support for this child?
Customer: replied 3 years ago.

 

The said "child" (I've never seen him in person, just a pic of a half black / half filipino kid) is living in the Phillipines. She stated to me that she would be coming to the States or Canada for vacation next year. She also told me that in about 4 years, she would then be able to bring the child to the States. I'm putting my money on CA, because that's where she has family. The child is now 14, but by then he would be 18.

 

I simply would just like (in the event that this all goes down) to have some consideration taken with having two kids of my own and that the child didn't grow up in the States nor would she have received any public assistance for an 18 year old. I was thinking that under California's Child Support Compromise guidance, that we could negotiate something. Please advise.

Expert:  Brandon M. replied 3 years ago.
I don't see anything to worry about in this case. Child support cannot be ordered retroactive to before the date of filing. For example, if she files for support on April 1, 2011, support could later be ordered retroactive to April 1, 2011, but no sooner. As long as he resides in the Philippines, the U.S. courts do not have jurisdiction to enter a support order.

Secondly, a court would not order support for him at 18. He would be an adult; the window is closed.

The bigger problem for him, though, is that it is basically too late to establish paternity. In California, after the child reaches the age of two, the court looks to who the acting father is of the child, not who is the biological father. The kid is 14 years old and you have no relationship with him; you may have been the kids "sperm donor", but that doesn't make you his father under the laws of the state of California.

She would basically fail on all levels of this endeavor. I do understand why this has caused you anxiety, but I see no reason for concern from a professional perspective. I hope that this helps.
Customer: replied 3 years ago.
Rog and thanks. I tried doing the right thing when she contacted me out of the blue in 2009. Haven't heard or seen this lady since 1996. What about "arrears" even after he's 18 and is residing in the States? (California mainly) . I read that California doesn't have a statue of limitations? In all, if she were to immigrate and file 4 years from now, I would want to do my part if the said child is mine. But to have to pay $XXX,XXX.XX in arrears wouldn't be possible. That's why with counsel at least this could be paid in an agreed upon lump sum of a much lower amount. Your thoughts?
Expert:  Brandon M. replied 3 years ago.
Hello again:

Thank you for your follow up questions. Please allow me to answer your questions in the order that they were presented.

1. "What about "arrears" even after he's 18 and is residing in the States? (California mainly) ."

A. Arrears refers to the situation where an order has already been made and the payor is delinquent. It would not apply to your situation.

2. "I read that California doesn't have a statue of limitations?"

A. Correct, but it only applies to the situation where the order has already been made and the payor is behind. If there is no order, there can be no arrears.

3. "In all, if she were to immigrate and file 4 years from now, I would want to do my part if the said child is mine. But to have to pay $XXX,XXX.XX in arrears wouldn't be possible. That's why with counsel at least this could be paid in an agreed upon lump sum of a much lower amount. Your thoughts?"

A. There is really no need to worry about arrears. To get arrears, you must first be ordered to pay child support. You must then not pay that child support. What you do not pay will become arrears.
Brandon M., Family Law Attorney
Category: Family Law
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Experience: Attorney experienced in all aspects of family law
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