What is the rule or statute of limitations for back child support in Oregon (where child was conceived). The child currently resides in the state of Washington, and the father resides in State of Texas. Paternity was recently established with the child's age now at 19 years. Which state would the mother or daughter have to file? What is the father liable for in back child support? What is or could be maximum financial exposure for the father?
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
How long has the child resided in Washington?
I am not certain, but approximately 10 years. You can start with that assumption if you don't mind.
Thank you. One moment please while I research this, and will get back to you shortly...
Sure thing.
One other thing, when (precisely) was paternity established and by how? Through a formal paternity action?
Paternity was just established last week June 29, 2012.
Not through a formal action. A service was used called, Gotta Know
http://www.gottaknowtesting.org/index.html
Sorry, one more question: did the father (you?) know or have reason to know about his paternity before this action?
Did you see my last follow up question to your issue?
When the child was born 19 years ago, I was contacted by the mother. We had a brief, casual sexual relationship; nothing serious. She told me I was the father, and I said, "we need to get a paternity test". She has the burden of proof and I initiated a test through my lawyer in Portland at the time. Nothing happened. In fact, I asked the alleged daughter what your mother never pursued, and her response was "it was not a priority". So I had a reason based on what she told me, but there were never any pictures or actions to initiate.
Thank you. Just give me a couple of minutes ...
The child has a made a request for the following: braces, a new car, tuition support, a new MacBook. Her mother called me two years ago and asked for $10K and I said the same thing. We need to prove paternity, and she did not pursue.
Thank you. You don't have any liability at this point. The statute of limitations in Washington to establish paternity is the age of majority for the child (18 years old) so since she is 19, paternity cannot be compelled. The voluntary private testing would not hold up since it was after 18 years of age. If it was done through a court before 18, then that would be decisive, and the court could award up to 10 years retroactive child support, depending on your relative culpability, but in the event that the mother knew and never told you, the court would hold that against the mother and in that situation would still probably not award retroactive child support. Since child support ends at 18, no ongoing child support would be awardable after that time.
In short, you could claim the statute of limitations for not having to pay retroactive child support, but even if that did not apply, you could still claim that she had "unclean hands" and that the first notice that you ever had was when she was 17, and at best support should only be calculated from that point forward. But the statute of limitations should apply, and I don't think that she could argue waiver by you agreeing to a paternity test (particularly after the child reached the age of majority).
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer either a 3, 4 or 5 so that I get credit for the time and effort spent on it. Thank you, and again, good luck to you!
Did you have any other questions before you rate the answer?
What about the state of conception? Would or could Oregon law prevail?
No. It's where the child lives. That's under the Uniform Interstate Family Support Act (UIFSA). That act lays out the jurisdiction where such an action would be brought. It's where the child lived for at least 6 months prior to the filing of the aciton.
*action
Thanks Scotty.