Legal Question in Family Law in Nevada

Can I be sued for back child support even though I didn't know the child existed
I met a girl when I was 23. We broke up a couple of months later. She has recently came back into my life (14 years later) and told me that I have a daughter. She told another man that it was his child and they were married and subsequently divorced after two more children. Our daughter is the devils child herself it turns out and I don't want to have anything to do with her. Her mother has threatened to sue me for back child support. Is this possible since I didn't know about her for all these years and her mother made no effort to contact me at all before now?

Asked on 5/08/04, 6:41 am

2 Answers from Attorneys

Robert Grayson Law Offices of Robert A .Grayson

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Re: Can I be sued for back child support even though I didn't know the child exi

With today's technology, DNA testing can provide conclusive proof of paternity. If she decides to seek child support, you will be required to submit to the test and could be ordered to pay support. Because there is no prior court order for support, she is limited to seeking support only for the four years prior to the filing of an action for support.I recommend that you check the court records of her divorce. I would guess that the Divorce Decree states that her then husband is named as the father of the child. If so, you could argue that a court has already determined paternity and that the issue is res judicata (non-reviewable).Also, if her ex-husband has paid child support for this child, I don't believe that the court in your case would allow her to collect twice.If she proceeds and you are determined to be the father, I urge you to develop a relationship with the child, if possible. It could be a very rewarding experience. If you choose not to do so, be sure to consult with an estate planning attorney and execute a will or trust as your daughter will be an heir to your estate unless you specifically provide otherwise.

Answered on 5/09/04, 10:32 am

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