Presentation on theme: "Minnesota School of Business Doreen Backhaus December 2, 2010 Field Preparation Brian Craig."— Presentation transcript:
Minnesota School of Business Doreen Backhaus December 2, 2010 Field Preparation Brian Craig
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 Manchez’s request for DNA testing Minn. Stat. § 257.62Subd. 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, 202-03 (Minn. Ct. App. 2002)
4 Minn. Stat. § 257.55 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
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, 103-04 (2007) 5
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.
Minn. Stat. § 257.66 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 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
References Minn. Stat. § 257.62 subd. 1(a) (2010) Minn. Stat. § 257.55 (2010) Minn. Prac., Method Of Practice § 34.7 (3d ed.) Minn. Stat. § 257.66 subd. 4 (2010) Frieson v. Pahkala, 653 N.W.2d 199, 202-03 (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, 103-04 (2007)