Dating ryan waddell kentucky

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On December 29, 2008, this testing revealed a 99.98 percent probability that Claimant and Vanessa share the same biological father. Section 404.355(b)(2) also states that “[i]f applicable State inheritance law requires a court determination of paternity, we will not require that you obtain such a determination but will decide your paternity using the standard of proof that the State court would use as the basis for a determination of paternity.” The Preamble to the Federal Register entry explains that “[w]e believe that the requirement of section 216(h)(2)(A) of the Act to apply State law will be satisfied if we apply the same substantive standard as a State court would apply to determine paternity.” 63 Fed. That is, SSA would not apply any time limitation set forth in Kentucky inheritance law that might bar consideration of the child’s claim, but would apply the substantive standards a Kentucky court would use to determine paternity.

Alice reported that she married the NH on March 4, 1977. However, we read this provision as applicable to any state inheritance law controlling a determination of child-status, in this case, Kentucky inheritance law. These substantive standards include the standards a Kentucky court would use to determine whether to give full faith and credit to the Indiana paternity order. SSA is under no obligation to defer to the findings of the Indiana state court because there is no evidence the issue of paternity was genuinely litigated by parties with opposing interests.

The DNA evidence and statement from the deceased number holder’s daughter provide clear and convincing evidence that the claimant is the number holder’s child for determining the claimant’s eligibility for CIB on the number holder’s earnings record and Claimant would be eligible for benefits from six months before her application. Here, the DNA testing does not create a rebuttable presumption that NH was Claimant’s father as it showed only a 97.8% probability that Claimant and C1 are half-sisters. In , the Kentucky Supreme Court found that a purported child had produced sufficient evidence to establish paternity through testimony from the natural mother, the sister of the decedent, and the administratrix of the estate without any DNA or blood testing. Here, although there is no evidence that NH and Claimant’s mother intended to wed, Claimant’s mother alleges NH’s paternity of Claimant and the information indicates NH informed C1 that she was going to have a brother or sister and said “it’s my baby,” referring to Claimant.

BACKGROUNDAccording to the information provided, Sarah, the mother of Audrie (Claimant), filed an application on Claimant’s behalf for CIB on the earnings record of Ralph, the number holder (NH). We realize that previous opinions from this office have found that other claimants had not provided sufficient evidence to establish paternity by clear and convincing evidence, even in light of more compelling DNA evidence than exists here.On April 1, 2009, the State of Indiana, on behalf of Claimant and Shannon, filed a Petition to Establish Paternity, alleging Claimant is the NH’s child. 1995)(finding full faith and credit should be accorded to an Indiana paternity order in a criminal action for failure to pay child support). SSA must accept the determination of a state court as proper where: (1) the issue in a claim for Social Security benefits has been previously determined by a state trial court of competent jurisdiction; (2) such issue was genuinely contested before a state court by parties with opposing interests; (3) the issue falls within the general category of domestic relations; and (4) resolution by the state trial court was consistent with the law as enunciated by the highest court in the state. We have been unable to locate any authority to suggest a Kentucky court would treat genetic test results obtained from an out-of-state testing facility differently from those from an in-state testing facility. While genetic testing of a number holder’s relatives would be admissible before a Kentucky court and probative of the issue of paternity, such testing results would not alone constitute clear and convincing evidence.The Petition cited the DNA test results, as well as Shannon’s allegation that Claimant was born during a time when Shannon and the NH were having a sexual relationship. Because the NH was domiciled in Kentucky when he died, the question is whether Claimant would be considered the NH’s child for purposes of intestate succession under Kentucky law. With respect to the validity of the Indiana paternity order, we consulted with the Office of the Regional Chief Counsel, Region V (Region V). Genetic testing is admissible in a paternity action and is weighed along with other evidence to determine paternity. See Program Operations Manual System (POMS) PR 01115.020A. 1986) (testing allowed to prove child was fathered by someone other than husband.Claimant’s mother reported that NH had admitted to C1 that he was Claimant’s father, and Claimant’s mother indicated that NH had written letters where he referred to Claimant as his child, but she did not have any other evidence of NH’s paternity and the information provided did not include any such letters. When a claimant’s parents have not gone through a marriage ceremony, the claimant may show she is “the child” of a deceased individual, within the meaning of section 216(e)(1), under section 216(h)(2)(A) or 216(h)(3)(C) Nothing in the information provided suggests that the provisions of section 216(h)(3)(C) of the Act would apply here. § 404.355(a)(1), (b)(1), (b)(4); Program Operations Manual System (POMS) GN 00306.055(A)(1). The evidence also does not include an adjudication of paternity as required by subsection (b) of Ky. Question You asked whether the claimant is the child of the deceased number holder for purposes of child’s insurance benefits based on an out-of-state paternity determination and genetic testing of the claimant and his purported half-sister.C1 provided a statement dated March 5, 2012, in which she stated NH told her in or around August 2009 that Claimant’s mother was pregnant and he believed he was the father. The evidence does not indicate that NH acknowledged his paternity of Claimant in writing, include a court decree or order related to NH’s paternity of Claimant, or indicate NH was living with or contributing to Claimant’s support at the time of his death. According to NH’s death certificate, NH was domiciled in Kentucky when he died. 1982) (“When a person dies intestate, both real and personal property shall descend in common to his children or their descendants.”). The court stated that clear and convincing does not mean uncontradicted proof, but requires proof of a probative and substantial nature carrying the weight of evidence sufficient to convince ordinarily prudent-minded people. Given the information provided, Claimant could not qualify as NH’s child under subsection (a) of Ky. OPINIONWe believe the evidence submitted, standing alone, is insufficient to establish the claimant is the Background On May 28, 1993, Logan (Claimant) was born out-of-wedlock to Shannon in Shelbyville, Indiana.

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