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Ohio Support IN RE J.V. 2010-Ohio-4017

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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio

Often we state that the child can never sue for child support and that child support can only be petitioned for BEFORE the child is emancipated.

For Ohio, that is INCORRECT. It is a RARE situation HOWEVER the case above explains when.

The Ohio Supreme Court actually outlined the method by which a CHILD can sue a father for child support in Carnes v. Kemp, 2004-Ohio-7107, whcih overruled Snider v. Lillie (1997).

In Ohio, paternity can be established up until the child's 23rd birthday. The Supreme Court, in Carnes v. Kemp, ruled that child support is INTERTWINED with parentage. The CHILD can bring a parentage action after his/her 18th birthday but before his/her 23rd birthday. At the same time, the CHILD can bring a suit for back child support which would go back to when the child was a minor. The child thus, if winning, would be awarded the child support. Not the mother.

The child however has to be bringing the parentage suit AND filing for child support between his/her 18th and 23rd birthdays. A child can NOT just sue for child support if paternity was established at an earlier time.

How does this affect a lot of people -- it does not. It is possible that OTHER STATES also allow for this. So before posting the rote, common answers (child can't bring suit, yada yada) PLEASE double check the law for the state. This precedent is NOT often used. I have never had such a case in my time in practice. However, it does open a realm of possibilities.
 


nextwife

Senior Member
Please elaborate.

If the mother chose to have a boyfriend or new husband raise the child as their own rather than advise potential dad of their pregnancy and live birth, or simply did not wish paternity established because they wanted total control and no restrictions on their movements, can the child be advised of potential dad after 18, then cause previously unaware dad and his current family to be financially devastated and drained of funds to provide CS back to birth?

Basically, can mom hold back knowledge by dad of the child, and use that as a way of having the child get CS without needing to potentially share custody? Financial back to birth with no parenting rights back to birth? Dad as only a wallet with no say or participation?
 

Ohiogal

Queen Bee
Please elaborate.

If the mother chose to have a boyfriend or new husband raise the child as their own rather than advise potential dad of their pregnancy and live birth, or simply did not wish paternity established because they wanted total control and no restrictions on their movements, can the child be advised of potential dad after 18, then cause previously unaware dad and his current family to be financially devastated and drained of funds to provide CS back to birth?

Basically, can mom hold back knowledge by dad of the child, and use that as a way of having the child get CS without needing to potentially share custody? Financial back to birth with no parenting rights back to birth? Dad as only a wallet with no say or participation?
Possibly, yes, depending on the exact situation, and how unaware dad actually was. But the CHILD would have to petition to ESTABLISH PATERNITY and show that dad should have known that said child existed. Usually if dad has knowledge of child then he can be held for longer back support. There is a bunch of differing caselaw that would apply depending on the exact circumstances of the situation. There are no EASY answers to this situation.

Hence why details are important. I don't have an across the board answer. I wanted to apprise individuals of this case however and that it can cause a lot of issues.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Ohio

Often we state that the child can never sue for child support and that child support can only be petitioned for BEFORE the child is emancipated.

For Ohio, that is INCORRECT. It is a RARE situation HOWEVER the case above explains when.

The Ohio Supreme Court actually outlined the method by which a CHILD can sue a father for child support in Carnes v. Kemp, 2004-Ohio-7107, whcih overruled Snider v. Lillie (1997).

In Ohio, paternity can be established up until the child's 23rd birthday. The Supreme Court, in Carnes v. Kemp, ruled that child support is INTERTWINED with parentage. The CHILD can bring a parentage action after his/her 18th birthday but before his/her 23rd birthday. At the same time, the CHILD can bring a suit for back child support which would go back to when the child was a minor. The child thus, if winning, would be awarded the child support. Not the mother.

The child however has to be bringing the parentage suit AND filing for child support between his/her 18th and 23rd birthdays. A child can NOT just sue for child support if paternity was established at an earlier time.

How does this affect a lot of people -- it does not. It is possible that OTHER STATES also allow for this. So before posting the rote, common answers (child can't bring suit, yada yada) PLEASE double check the law for the state. This precedent is NOT often used. I have never had such a case in my time in practice. However, it does open a realm of possibilities.
That's a little scary. Dad could first hear about a child after the child turns 18 - and then owe the child 18 years of CS?

Wow.
 

BOR

Senior Member
That's a little scary. Dad could first hear about a child after the child turns 18 - and then owe the child 18 years of CS?

Wow.
I agree with the dissent:

O’DONNELL, J., dissenting.
{¶ 34} I am unable to join today’s majority. In my view, a juvenile court
lacks statutory authority to award retroactive child support to an adult child when the initial claim for support is made after the child reaches the age of majority.

Justice Stratton dissenting also.

The decision was based on sister Ohio Court's of Appeals reaching different conclusions on the matter.

This case was in 2004, but on a side note, Congratulations to former Associate Justice Maureen O'Connor for being elected and assuming the post of the 1st Woman Chief Justice in Ohio's history, 2011.
 

Ohiogal

Queen Bee
I agree with the dissent:

O’DONNELL, J., dissenting.
{¶ 34} I am unable to join today’s majority. In my view, a juvenile court
lacks statutory authority to award retroactive child support to an adult child when the initial claim for support is made after the child reaches the age of majority.

Justice Stratton dissenting also.

The decision was based on sister Ohio Court's of Appeals reaching different conclusions on the matter.

This case was in 2004, but on a side note, Congratulations to former Associate Justice Maureen O'Connor for being elected and assuming the post of the 1st Woman Chief Justice in Ohio's history, 2011.
The problem is, the dissent does not control and therefore this is precedent -- children can sue to establish paternity AND child support to be paid to them -- as long as they file for BOTH at the same time between their 18th and 23rd birthdays.

My official opinion does not count. It is what it is.
 

nextwife

Senior Member
So basically, to protect oneself against potentially owing 18 or so years of retro support, males are expected to petition to establish/disestablish paternity for any child born to anyone they ever slept with regardless of mom's denying the child is his, moving away and lying about a miscarriage, etc?
 
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Ohiogal

Queen Bee
So basically, to protect oneself against potentially owing 18 or so years of retro support, males are expected to petition to establish/disestablish paternity for any child born to anyone they ever slept with regardless of mom's denying the child is his, moving away and lying about a miscarriage, etc?
Or try to register on the putative father registry.
 

nextwife

Senior Member
Or try to register on the putative father registry.
Register every woman they slept with, and track them to see if they now have any children? Couldn't that be considered rather "stalkerish" behavior and an invasion of mom's privacy? How far should a guy have to go to prevent being used as no more than a useless annuity, with zero role other than economic?
 
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