Monday, August 25, 2008

Court of Appeals on Paternity and Child Support petition

Another new case I have not had time to read the original opinion. The following excerpt is from The Indiana Lawyer's Adult son could file paternity, support petition:

"A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments."

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In In Re: the paternity of: Brennan McGuire-Byers, a child born out of wedlock; Raymond S. Byers v. Brennan McGuire-Byers and Mary S. McGuire (mother), No. 71A03-0803-JV-132, Raymond Byers appealed the trial court's award of retroactive child support and attorney fees for his adult son, Brennan McGuire-Byers.
As I read this report, this appears to be a case that bears upon the issues of who can file a paternity petition and who is to receive the money. The case does have unusual facts which might limit its application.

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