Page:United States Statutes at Large Volume 76A.djvu/791

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–695–

-695the court, agree to receive, the court shall, if the agreement is made or acknowledged in its presence, dismiss the action upon the payment, by the defendant, of the costs of the proceeding. The court shall cause a memorandum of the agreement to be entered upon the docket. § 465. Competency of mother to testify; dying declarations (a) I n an action pursuant to this subchapter, the mother is a competent witness, unless she is otherwise legally incompetent. (b) If the mother is dead at the time of trial, her declaration made at the time of travail and persevered in as her dying declaration shall be evidence. § 466. Judgment; payments (a) If, in an action pursuant to this subchapter, it is determined that the defendant is the rather of the child, the court shall adjudge him the father of the child and he shall be responsible for the maintenance of the child up to the age of 21 years, in such reasonable sums as the court may order, as well as for the costs of the action. (b) In addition, the court may order the father to pay special sums for the expense caused the mother by the birth, for the child's education, and for expenses caused by the child's sickness or death, and to pay such attorney fees of the plaintiff as the court, in its discretion, allows. (c) Amounts paid for support of the illegitimate child shall ordinarily be paid in advance in bi-weekly installments. (d) Compromises between the parents of an illegitimate child are valid only if approved by the court. (e) Money paid by the father for the support of an illegitimate child shall be spent solely for the benefit of the child. § 467. Writ of execution on failure to make support payments (a) If default is made in the payment of money toward the support of an illegitimate child, the court, upon application of the plaintiff, may issue a writ of execution. The execution shall be served and satisfied as executions upon a civil judgment, except that an exemption may not be allowed against a writ issued for nonpayment of money for support of an illegitimate child. (D) An execution may not issue, however, except for payments due within the six months next preceding the issuance of the execution. § 468. Action when putative father has died; claim against estate when father dies (a) If the father of an illegitimate child dies before its birth or within a year after it was born, and before an action against him for the support of the child has been brought to conclusion, an action may be brought for the support of the child against his estate, and if it is adjudged that the deceased was the father of the child, the amounts necessary for the support of the child may be collected from his estate in the same manner as any other debt. (b) If a man who has been ordered to pay for the support of a child dies before the child is 21 years old, the amounts he was ordered to pay may be collected from his estate, except that— (1) if he leaves a widow or legitimate children, the amounts to be collected from his estate for his illegitimate children shall not exceed the inheritance of a legitimate child; and (2) nothing may be paid from his estate for the support of an illegitimate child until the creditors of the estate have been fully satisfied.