Legal Question in Family Law in Minnesota

Expectation to pay child support after mother vacates claim

What is the expectation that an alleged father pay child support seven years post-birth of the child. The mother of the child filed for paternity and support. She then fled the state with the child leaving no contact information it was determined she was avoiding drug charges. Paternity was never established. The county was unable to pursue paternity as they had no DNA from the child or the mother; the summons and complaint were dismissed. She did not pursue paternity from the state to which she moved. Seven years later she is back in the state, on welfare and the County is seeking paternity and support per state reglations. He has never seen the child and has had no contact with the child or mother. The county is still awaiting paternity results. Asking for retroactive two years, confinement expenses and retroactive day care expenses. She vacated her claim never establishing paternity, denied him due process and opportunity to have a meaningful relationship with the childif its his. the 25%required to pay the support would destroy him and his current family financially -is there recourse for the time lapse, her willful flight from the state and the vacated claim?


Asked on 2/24/04, 7:55 pm

1 Answer from Attorneys

Michael Paul Cundy & Paul, L.L.C.

Re: Expectation to pay child support after mother vacates claim

This is a very common situation. There are things that can be done, but having the genetic test results are paramount and must be done first (before any lawyer would need to be involved). If you would like to set up a free initial consultation, please feel free to call our office at 952-746-4111.

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Answered on 2/25/04, 11:22 am


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