Legal Opinion · Dissent

Carnes v. Kemp

Ohio Supreme Court

Decided December 30, 2004No. 2003-2116 and 2003-2183Published

1DissentLundberg Stratton, J.

{¶ 20} I respectfully dissent because I believe that a juvenile court lacks authority to award retroactive child support to a child who files after reaching the age of majority. There may be a strong emotional appeal to allowing the result fashioned by the majority today. However, these arguments are better directed to the General Assembly.

{¶ 21} R.C. 3111.05 provides only a statute of limitations for a parentage action. It states:

{¶ 22} “An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches…

2Cases cited3 opinions

  1. Thiessen v. MooreOhio Supreme Court · 1922
  2. Miller v. MillerOhio Supreme Court · 1951
  3. Price v. PriceOhio Court of Appeals · 1983

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