Legal Question in Family Law in Virginia

Unmarried mother sue for back child support from assumed father?

In 1990,I had a child with a man I was dating. He openly acknowledged paternity, although it was not established in court. He kept in touch with me during pregnancy and contacted me several times the first year. He has not paid for any expenses. In June 2003, I finally contacted DSCE to establish paternity and child support. Can I sue him for support for the past 12 years under the ''assumed paternity'' clause? Thank you.


Asked on 2/21/04, 10:48 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unmarried mother sue for back child support from assumed father?

What "assumed paternity" clause are you referring to? As far as I know, in the Commonwealth, even against a legal father, a petitioner's claim for arrearages can not extend retroactively beyond the petition's filing date or predate a valid order for support that may already exist, for example, as part of of a final decree of divorce.

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Answered on 2/21/04, 12:32 pm


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