What is the statute of limitations to determine paternity?
What is the statute of limitations for a paternity claim?
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There is no statute of limitations for any state in the country for establishing paternity.
If the child and the mother live in Washington and you live in South Carolina, either state would have viable jurisdiction over this matter.
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What is the statute of limitations for a paternity claim?
Lexi, Chatbot
I understand that navigating paternity claims can be challenging. Can you please tell me which state you are in, as statutes of limitations can vary by location?
South Carolina
Lexi, Chatbot
Have you already established any legal relationship or documentation regarding the paternity claim?
No
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your paternity claim.
No
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
Are you trying to establish paternity or disprove it?
Disprove
Well, I’m wondering what my risk is. The child is 13 years old and the mother may be trying to establish paternity.
Benjamin
Thank you for that information. In accordance with South Carolina law, there is no statute of limitations for paternity actions. So, paternity can be established at any time.
How about Washington State? If the mother is a resident of Washington State and I am a resident of South Carolina, which law do we fall under?
And what if the child becomes over 18 — are there back child support payments possible?
Benjamin
There is no statute of limitations for any state in the country for establishing paternity.
If the child and the mother live in Washington and you live in South Carolina, either state would have viable jurisdiction over this matter.
Benjamin
In Washington State, if paternity is established after a child turns 18, the Washington State Division of Child Support (DCS) may still pursue child support obligations from the established father, but only for a limited period, typically five years prior to the date of the order establishing paternity.
While child support generally ends at 18, Washington law allows for back support to be collected for a period before the establishment.
In South Carolina, if paternity is established after a child turns 18, the mother can pursue child support arrears — meaning back child support owed — even if the child is no longer a minor. The child’s age at the time paternity is established does not negate the obligation for past-due child support.
However, this decision will depend on many factors, including whether the mother actively withheld this information from the father or whether the father abandoned their obligation.
Benjamin
Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete.
If you have a new question on a different topic, please submit it separately.
Thank you, and please use the service the next time you need legal advice. Have a wonderful day!
Benjamin
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