Carnes v. Kemp

2004-Ohio 7107 (Ohio Sup. Ct. December 30, 2004) ; Clearinghouse Number: 55818

Description

Juvenile Court May Award Retroactive Support to Adult Children If Parentage Action Was Filed Before Child’s 23d Birthday, Ohio Supreme Court Finds

Abstract

The Ohio Supreme Court held that a juvenile court had jurisdiction to award retroactive child support payments to an adult emancipated child if a parentage action was filed before the child’s 23d birthday. Appellant mother filed a paternity action against appellee father when the child was 18 years old. Arguing that the juvenile court was without jurisdiction since the child was over 18 when the complaint was filed, father moved to dismiss mother’s request for retroactive child support. The juvenile court held that it did not have jurisdiction to enter an order of support to mother but that it did have jurisdiction to award retroactive child support, calculated from the child’s birth date to the age of 18. The appellate court reversed the juvenile court and remanded, finding that the juvenile court was without authority to award retroactive child support to an adult child who sought support after reaching the age of majority. An adult child may seek retroactive child support up until the age of 23, the Ohio Supreme Court held on mother’s appeal. Noting that state law specifically allows a child aged 18 to 23 to file a paternity action, the supreme court held that noncustodial parents should be accountable to their children up until the child’s 23d birthday and should not be able to shirk their responsibilities as parents simply because the child might not have contacted or found the parent during the child’s younger years.

Additional Information

Attorney Information
Docket Date
2004-12-30 00:00:00+00:00

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