If BC says "father unknown" can the mother sue for back support?

[missa8182]

I am in PA. My sister had a very brief affair that resulted in a pregnancy and her claiming R was the father of her son. R claimed doubts about paternity and did not want anything to do with my sister or the child (if it was his or not). My sister, for whatever reasons, put unknown father on the child's BC (child was born in Florida). The supposed father, R, has not attempted to get a paternity test or see the child, and has no contact with my sister or my nephew. My sister has since moved back to PA. I'm wondering if my sister or her son can sue for back child support at any time even if she put unknown father on the BC and no paternity test has been done?

 

[Antigone*]

I am in PA. My sister had a very brief affair that resulted in a pregnancy and her claiming R was the father of her son. R claimed doubts about paternity and did not want anything to do with my sister or the child (if it was his or not). My sister, for whatever reasons, put unknown father on the child's BC (child was born in Florida). The supposed father, R, has not attempted to get a paternity test or see the child, and has no contact with my sister or my nephew. My sister has since moved back to PA. I'm wondering if my sister or her son can sue for back child support at any time even if she put unknown father on the BC and no paternity test has been done?

Absolutely not.

Legally this child has no father.

Also, children do not sue anyone for child support.

 

[missa8182]

What if, at some later date, she decides to take him to court for a paternity test, and it comes back that he is the father? Can she then sue him for back child support?

 

[Antigone*]

What if, at some later date, she decides to take him to court for a paternity test, and it comes back that he is the father? Can she then sue him for back child support?

No, that ship has sailed.

 

[Silverplum]

What if, at some later date, she decides to take him to court for a paternity test, and it comes back that he is the father? Can she then sue him for back child support?

I would think that she would be interested in her own legal affairs. We prefer to deal with the principals, only, not 3rd parties.

 

[Antigone*]

I would think that she would be interested in her own legal affairs. We prefer to deal with the principals, only, not 3rd parties.

SP, I figured we should just put this baby to bed and not have another OP waste our time with this oulandish questions.

This wasn't important enough to this lady when she had her baby so no way in haedes she should even think of benefitting now.

 

[Silverplum]

SP, I figured we should just put this baby to bed and not have another OP waste our time with this oulandish questions.

I think you're totally right. I was just letting the poster know how it generally works.

This wasn't important enough to this lady when she had her baby so no way in haedes she should even think of benefitting now.

Tigi = SP.

 

[missa8182]

I don't understand why, when the baby starts asking about a father, if she decides to then take him to court for paternity and he's proven the father at that point, she wouldn't be eligible for back CS.

 

[Silverplum]

I don't understand why, when the baby starts asking about a father, if she decides to then take him to court for paternity and he's proven the father at that point, she wouldn't be eligible for back CS.

Okay.
.....

 

[Antigone*]

I don't understand why, when the baby starts asking about a father, if she decides to then take him to court for paternity and he's proven the father at that point, she wouldn't be eligible for back CS.

It is not your business to understand

Tigi ~ out

 

[CJane]

I don't understand why, when the baby starts asking about a father, if she decides to then take him to court for paternity and he's proven the father at that point, she wouldn't be eligible for back CS.

I don't understand, if the point is supporting the child and not punishing the father, she would wait until the baby wants to know who his father is, to file for child support.

But understanding isn't really the point, is it? Legally speaking, she's shown the courts that she's just fine w/out this unknown man's support for all this time. Unless/until she files for child support or goes on public assistance, she'll just have to continue being just fine. And when she does get around to child support, it will be nothing like winning the lottery where a judge orders "dad" to pay a huge sum of cash up front for "arrears" on an order that never existed.

Not. Gonna. Happen.

 

[Silverplum]

Holiday weekend :

http://www.humanservices.state.pa.us/CSWS/csws/forms/PUB266%20Proof_3.pdf#page=11

http://www.pacode.com/secure/data/231/chapter1910/s1910.17.html

 

[nextwife]

I don't understand why, when the baby starts asking about a father, if she decides to then take him to court for paternity and he's proven the father at that point, she wouldn't be eligible for back CS.

So she want's to just have him dangling out there like a sort of annuity to cash in when she is good and ready? Not actually to be dad, or have any dad right, just sort of cash him in when she decides she's feels like it? As if dad's are merely wallets to pull savings out of when you get around to it?

Lovely concept. If she claims to not know who dad is< how is dad supposed to know he's dad? One has to presume the mom has the best notion of who dad might be. If I were a guy, and mom couldn't keep straight who might be dad, I sure wouldn't presume dad were I.

 

[Silverplum]

So she want's to just have him dangling out there like a sort of annuity to cash in when she is good and ready? Not actually to be dad, or have any dad right, just sort of cash him in when she decides she's rfeels like it? As if dad's are merely wallets to put your hand in when you get around to it?

Lovely concept. If she claims to not know who dad is< how is dad supposed to know he's dad? One has to presume the mom has the best notion of who dad might be. If I were a guy and mom couldn't keep straight who might be dad, I sure wouldn't presume dad were I.

NW = Perfection.

 

[missa8182]

Wtf do you mean? Its my nephew. What difference does it make if I'm the mother or the aunt...what if I'm the mother, then am I worthy of advice? re

Seriously this is the FREE ADVICE legal forum MESSAGE BOARD. You should seriously look into a hobby or a real job or something that would occupy your time a bit more productively than sitting on a MESSAGE BOARD dictating to other people.

I'm sorry your lives are this miserable and sad. I hope things get better for you all very soon.