Department of Human Services v. Leifester – Past Child Support
Department of Human Services v. Leifester, 721 A.2d 189 (Me. 1998).
NATURE OF THE CASE: This family law case involved an appeal from a judgment of past child support.
FACTS: W gave birth to twin sons in 1982. W neither requested child support nor initiated court action against H until fourteen years later when she filed a petition for child support under the Uniform Interstate Family Support Act (UIFSA). W’s petition alleged that H was the father and sought to have H submit to a paternity test and requested an award for child support. The petition did not specifically request collection of arrearages but it was later amended to include such a request. When the results of the paternity test indicated that H was the father, H stipulated to paternity and agreed to an ongoing amount of money for child support. The trial court then determined that H owed $21,346 in past child support and H challenged the past child support award.
ISSUE: Is an award of past child support enforceable even if it was obtained 14 years after the birth of the child?
RULE OF LAW: Yes. An award of past child support is enforceable even if it was obtained 14 years after the birth of the child.
HOLDING AND DECISION: Under these facts, the UIFSA includes the power to issue or enforce a support order, modify a support order or render a judgment to determine parentage as well as to determine the amount of any arrearages and specify a method of payment. Under Maine substantive law an award of past child support is proper.
DISPOSITION: Affirmed.