Q: How is it possible for a father who was never in child's life allowed half of a wrongful death settlement
How do we stop the father who wasn't in child's life for 20 years from receiving half of the settlement, the lawyers say because it's Philadelphia that both parents receive money, but father isn't even on birth certificate. How can we fight this,is it possible to fight it and father never paid child support.
A: I'm sorry but we can't second guess what your attorneys have told you. I suggest that you sit down in person with your lawyers and have them explain the issue more thoroughly. It's not because it's Philadelphia, but it may be because it's Pennsylvania.
If the father isn't on the birth certificate who says he's the dad? Ask the attorneys about putting his share in trust until he can prove it was his child.
Short answer is most death statutes give ways you divide it up that have nothing to do with who loved the deceased, who didn't, who cared about them, and who just used them. It may make sense to sit down with the lawyers as discussing this type of thing over the phone is not always easy.
A: If it can be shown he was the father then under Pennsylvania law it's purely by "intestate succession" which means what happens if the person dies. It is possible there is a child support lien for when the father didn't pay. It's not Philadelphia, it's a state law.
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