My boyfriend and I found out last year that he has a child from 16 years ago. The mother never told him and in fact moved away after their "1 night stand". She was 18, he was 14. He did the DNA test & he is the Dad. Now Wisconsin is making him pay 16 years of arreages plus current weekly support. How can that be, when he never even knew he was a father until 8 months ago? And what about statuatory rape he was only 14. We now live in New Mexico so it is very hard to fight Wi from 1000 miles away. What should we do? Does anyone know of any legal (low cost or free) help we can use?
2007-07-22 11:09:26 · 7 answers · asked by Heather M 1 in Politics & Government ➔ Law & Ethics
Since non payment can result in a jail sentence then he should be able to get a court appointed attorney. I thought there was a statute of limitations on child support.
He could file an action against the mother for intentional inflcition of emotional distress- she kept his child from him for 16 years! I would ask her for exactly the amount he was ordered to pay in back CS and for attorney fees. The rape charge won't stick as its passed the statute of limitations. This should have been conducted under NM law not WI.
2007-07-22 11:16:22 · answer #1 · answered by professorc 7 · 0⤊ 2⤋
Quote: How can that be, when he never even knew he was a father until 8 months ago?
So? That doesn't somehow negate the fact that he's he dad. He'd owe if he found out 5 years ago...or 10...or 12...or 16.
Quote: And what about statuatory rape he was only 14.
That's something you can take up with the DA of the county that he lived in when it took place. He/she may in fact want to pursue it.
Quote: What should we do? Does anyone know of any legal (low cost or free) help we can use?
Go to the UWMadison law school website. The clinic has no direct addy that I can find off hand, but the University runs a "free clinic" staffed by law students who will help at no cost.
2007-07-22 11:22:51 · answer #2 · answered by Atavacron 5 · 0⤊ 1⤋
It's a crappy situation. The mother should have told you sooner. But regardless, the child is helpless. The child needs support, and since one parent wasn't participating (even though not your fault) the child shouldn't be left in the dust just because the father didn't know. I don't think there's anything legal you can do about it since he is the real dad. As far as the statutory rape thing, usually rape statue of limitations is 7 years so thats out of the question. It sucks, but you need to pay it. Look at the positive side- most kids, especially living with one parent don't get the opportunity to go to college. Maybe with all the support being paid later in life you can arrange with the mother to set up a college fund.
2007-07-22 11:17:01 · answer #3 · answered by BlackDahlia 5 · 0⤊ 1⤋
It CAN'T be. Child support can not be set retroactively. Since the DNA test was just done recently support can only be set back to the date of filing. Prior to that date he was NOT the father (legally) unless someone can prove he was deliberately avoiding the law.
So, unless he is lying or someone is lying to him there is no way Wisconsin can make him pay for those past 16 years. At best, he will only be responsible for support from the time the mother filed for support.
Here is the Wisconsin Child support site:
http://www.dwd.state.wi.us/bcs/default.htm
2007-07-23 07:05:26 · answer #4 · answered by Cherie 6 · 1⤊ 0⤋
He could maybe use Legal Aide in Wisconsin to fight it. However if she was on any kind of State subsidy for the child and finally told the state who the father is, they can usually legally try to get it back from the father.
They both were underage so no issue there for statutory rape, she would have had to been at least 18 for that to kick in.
2007-07-22 11:14:58 · answer #5 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 0⤊ 1⤋
well,I would try to contact whoever the girl was,and tell her if she does not drop this,he will file charges aganist her for sex with a minor. I'm sure every state has low income legal help.
But you better get a lawyer fast,no matter how expensive,cause the government can and will start garnishing his wages, It will come out of whatever check he is making before he even sees it.(automatically)
2007-07-22 11:15:51 · answer #6 · answered by ? 6 · 0⤊ 1⤋
If it was "statutory rape" the odds are the statue of limitations has expired. Still, if he's a vindictive kind of guy he contact the DA's office where she lives and inquire if it was a crime and if it can still be prosecuted.
2007-07-22 11:28:09 · answer #7 · answered by Yak Rider 7 · 0⤊ 0⤋