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.
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.