Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, May 26, 2016

2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.

2 Year Statute of Limitations Still Applies in Fraudulent Paternity Suit

From Missouri Divorce and Family Law:

Mother and Father (T.B.) had a baby in 2000.  Mother told T.B. he was the father, and he signed an affidavit acknowledging paternity.  The Family Support Division made an administrative determination that T.B. was the legal father, and ordered T.B. to pay child support for the child in February 2001.

Sometime prior to June 2010, to clear her conscience, Mother told T.B. that he was not the biological father.  Father filed a declaration of non-paternity on August 27, 2012.  He attached a DNA test report showing he was not the biological father of the child.  T.B. sought relief under Rule 74.06(d), asserting that Mother had perpetuated fraud against him by making false statements to him that he was the biological father when she knew he wasn’t.

The trial court concluded that T.B.’s right to bring an action for extrinsic fraud was foreclosed by the statutory time limit for him to contest paternity, which had run.

T.B. appealed.

Read more here.

https://lawprofessors.typepad.com/family_law/2016/05/2-year-statute-of-limitations-applies-to-set-aside-a-paternity-and-child-support-order-even-if-fraud.html

Child Support Enforcement, Paternity | Permalink

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