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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Utah. I had a child 32 years ago with a married man.

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I live in Utah. I had a child 32 years ago with a married man. I was going to take this to my grave and not devoldge my child's real father as I was embarrassed. Recently my child came to me wondering if I could get medical info from her father, I told her I would try. After much thought I decided to tell her the truth about her father. I never asked for anything from him. My question is, is it to late to get some type of monetary settlement from him? I feel like my daughter deserves something!!!!
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Under Utah's 78B-12-112, a child support order may only be made retroactive to the date of service of the motion or petition for the child support. Also see Utah R. Civ. P. 106.

Since the child is 32, it is too late to file for support, since it may only be filed when the child is a minor. And since it is retroactive only to time the request is filed, this effectively bars the filing of any child support in this situation.

I am very sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.
Ok but I need medical records for my daughter, what would you recommend dong about that, and is there any way I could get money from my daughters father any other way, like a civil suit or something along that line?
Expert:  Ely replied 10 months ago.
J,

Ok but I need medical records for my daughter

I am afraid that unless he voluntarily gives them up, she cannot access them without a court order/subpoena (and one is not available for such an occasion).

So unless he voluntarily gives these records, they are protected by the Health Insurance Portability and Accountability Act.

and is there any way I could get money from my daughters father any other way, like a civil suit or something along that line?

I am afraid not. Child support is really the only way, and it is too late at this point. I am sorry.

Now, since she is his, she could inherit from his estate as a child if he should pass away, if the Will provides for all children without specifying (any biological child will then apply).

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)

Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86564
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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