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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2023Meu11758 Decided September 11, 2025 【Action Demanding Affiliation and Child Support】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Legal nature of the right to claim child support for a minor child between divorced parents or between the biological mother and father of a child born out of wedlock Where an agreement is made to waive future child support claims before the specific contents and scope of the claim are determined by the parties’ agreement or by the family court’s judgment, or before the due date for performance even after such determination, whether that waiver has an effect on the child (negative in principle) [2] Whether the parental duty to support the child arises with the birth of the child (affirmative in principle) Whether the custodial parent may claim reimbursement for past child support incurred before the affiliation judgment becomes final and conclusive, to the extent that it is reasonable for the other party to bear those costs (affirmative) and whether this is likewise applicable in a case where a child born out of wedlock claims past child support incurred during his or her minority from the Nonparty under duty to furnish support before the affiliation judgment becomes final and conclusive (affirmative) Whether a child born out of wedlock may claim past child support from a parent who did not provide support during his or her minority (affirmative in principle) | |
