Paternity Goofs, Statute of Limitations & Constitutional Law
The reason that these types of paternity goofs are “Constitutional Law” issues and not “Family Law” issues is because there is a statute of limitations of 2-years. This means if you’ve been paying child support under the assumption of being the father and this has been uncontested for a period of 2-yrs (meaning: a lawsuit was not filed prior to the passing of the 2nd year), then you are blocked by statute from trying to claw-back with a defense of not-my-baby ~ this is under that “ancient” jurisprudence notion that it is good for children to have fathers (sarcasm intended re: “ancient”).
We should not be surprised if this type of “for the good of the children” 2-year statute-of-limitations eventually gets thrown-out for being too restrictive and unconstitutional and archaic and puritanical (and… and… and…), but fathers-beware ~ to sponsor (pay for) case litigation to change the law (“appeals trial work”) is much more costly than sponsoring a child that might not be your biological child.
However, if anyone reading this decides that they want to be THAT case and challenge the statute of limitations as too restrictive and unconstitutional (and whatever other legal theory we can throw in), then please know that I will be delighted to recommend me to be your attorney to take this all the way.
If you are facing a paternity goof and if you’ve already passed your 2-year statute of limitations, please know that any attorney who takes your money to help you fight your case should clarify to you that this will be an appeal (uphill) the entire way due to the SOL problem (that’s a “statute of limitations” problem ~ but not to be confused with a “sh!t outa luck” problem).
Nevertheless, there is Hope ~ and I’m willing to litigate in these veritably lawless waters as much as my forefathers were willing to swim across the English Channel to get away from the bloody Brits (no offense intended if you’re a Brit: I enjoyed studying abroad at your Uni Oxford and UCL during my time in law school). If you’re the guy who can afford it, and if you want to appeal this case all the way, you will become an icon to tens-of-thousands of other guys who’ve been hoodwinked and waited too long. If this is you, and you don’t mind becoming sort of famous for fighting for justice, then I will help you seek your constitutional justice, as there are, no doubt, less restrictive ways the state could and should act.