Each state has its procedure to establish paternity. Exhibit 7.3 ...

[danielfitts88]

Each state has its procedure to establish paternity. Exhibit 7.3 on pages 241-243 outlines the basic procedures common to the majority of jurisdictions. Prior to filing a paternity case in any of the jurisdictions, there are questions that should be addressed. In your response to this question, list at least five of the nine concerns that may become potential issues to filing this action briefly explaining their importance.
 
  What will be an ideal response?

Question 2

Lump-sum, rehabilitative, or restitution alimony are not usually modifiable without a showing by the party seeking modification of a material change of circumstances since the court order was made.
 
  Indicate whether the statement is true or false

[samiel-sayed]

Answer to Question 1

Students can choose from the following selection:
(1 ) Standing  Mothers, fathers (established, alleged, or with legitimate claims), as well as
IV-D child support agencies; Article 6 of the Uniform Parentage Act including adoption agencies, intended parents under surrogacy agreements, and representatives of deceased, incapacitated or minor persons
(2 ) Personal jurisdiction  the court must have personal jurisdiction over the defendant to issue orders regarding child support and associated obligations
(3 ) Subject matter jurisdiction  This jurisdiction may be in more than one court; most are brought in family court. The father's claim to paternity may be brought in a court of general jurisdiction, but his claim must have already established a substantial relationship with the child, a family court determination
(4 ) Venue  the judicial district where the child resides
(5 ) Statutes of limitations  statutes vary from state to state, but under the UPA, there is no statute of limitations if there is no legally established father; if there is, challenges must be brought within two years of the child's birth. Federal law establishes an eighteen-year statute for bringing paternity actions to establish child support obligations
(6 ) Biding effect of judgments  A judgment of paternity is binding on the parties as an action for divorce but not necessarily on a child who is not a party to that action
(7 ) Potential defendant(s)  If a mother was married to a man other than the named defendant at the time she became pregnant and gave birth within 300 days thereafter, the husband may be added as a second defendant unless it has been judicially determined that he is not the father
(8 ) Burden of proof  the petitioner carries the weight of proving his or her case by the preponderance of the evidence in most jurisdiction, and clear and convincing in a minority of states
(9 ) Legal advice  Not required, but is wise to get legal advice to make sure that the petitioner understands the implication of a judgment of parentage

Answer to Question 2

TRUE

[danielfitts88]

TY

[samiel-sayed]

You're welcome