Legal Question in Family Law in Maine
back child support
My husbands son is 20 yrs old and is currently in jail. They were never married. She married when the child was one year old and has since been divorced twice. My husband met his son when he was 18 and had no previous contact. The mother chose not to ensue child support since she married shortly after birth. Now after 20 years she is threatening to sue for back child support. Is this possible? She lives in Maine, and we live in Wisconsin. What are the odds?
1 Answer from Attorneys
Re: back child support
Everything's possible, but when a person DELAYS suing for such a long
time that the other person is PREJUDICED, the
person sued can invoke a legal concept known as
LACHES.
Your husband, the alleged dad, could then argue
that to come after him 18 years after the fact -- wanting
18 years on child support "all at once" -- is UNFAIR or PREJUDICIAL to him.
Go see my website at http://falseallegations.com/laches.htm
Also, has your husband been determined to be the father of the child?