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Minnesota School of Business Doreen Backhaus December 2, 2010 Field Preparation Brian Craig.

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Presentation on theme: "Minnesota School of Business Doreen Backhaus December 2, 2010 Field Preparation Brian Craig."— Presentation transcript:

1 Minnesota School of Business Doreen Backhaus December 2, 2010 Field Preparation Brian Craig

2 2 Minnesota Family Law Manchez v. Lopes Facts  Mr. Manual Manchez and Ms. Josie Lopes had an affair eight or nine years ago.  Lopes claims that Manchez is the alleged father of her daughter, Lucille Lopes.  Manchez is charged with $80,000 in delinquent child support.  Manchez has never met Lucille.

3 3 Manchez’s request for DNA testing Minn. Stat. § Subd. 1(a) (2010):  Mr. Manchez must file an affidavit denying paternity  The court must allow his request for genetic testing  Requisite sexual contact between the parties must exist By affidavit, both parties admit to sexual contact prior to conception; therefore, the court of appeals concluded that appellant is entitled to blood tests to determine the child’s paternity. Frieson v. Pahkala, 653 N.W.2d 199, (Minn. Ct. App. 2002)

4 4 Minn. Stat. § Presumption of Paternity :  Receives the child into his home  Openly holds out the child as his biological child  Presumed man and biological mother are married; or,  Attempting to be married before or after birth

5 Negative Result  Genetic test showing zero probability for paternity  The court is empowered to issue an order canceling any child support arrearages  The man is free to commence an action to recover child support already paid. Shawn Seliber, Taxation Without Duplication: Misattributed Paternity and the Putative Father’s Claim for Restitution, 14 Wash. & Lee J. Civil Rts. & Soc. Just. 97, (2007) 5

6 Minn. Prac., Method Of Practice § 34.7 (3d ed.) 6  Recognition of Parentage  A recognition is properly executed and filed with the state registrar of vital statistics  If there are not competing presumptions of paternity  A judicial or administrative court may not allow further action to determine parentage.

7 Minn. Stat. § subd. 4 (1986) Statute of Limitations  Support judgments or orders ordinarily shall be for periodic payments which may vary in amount.  A parent’s liability for past support is limited to that for the two years immediately preceding commencement of the action. 7

8 8 Conclusion  Mr. Manchez and Ms. Lopes admit by affidavit that requisite sexual contact exists.  Mr. Manchez is entitled to a blood test to establish paternity  Mr. Manchez does not have a child and father relationship  Ms. Lopes can only recover two years child support  Mr. Manchez can not be charged with $80,000 child support arrearages

9 References  Minn. Stat. § subd. 1(a) (2010)  Minn. Stat. § (2010)  Minn. Prac., Method Of Practice § 34.7 (3d ed.)  Minn. Stat. § subd. 4 (2010)  Frieson v. Pahkala, 653 N.W.2d 199, (Minn. Ct. App. 2002)  Shawn Seliber, Taxation Without Duplication: Misattributed Paternity and the Putative Father’s Claim for Restitution, 14 Wash. & Lee J. Civil Rts. & Soc. Just. 97, (2007)


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