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-   -   Default paternity judgement (https://www.askmehelpdesk.com/showthread.php?t=107108)

  • Jul 5, 2007, 02:58 PM
    JH123
    Default paternity judgement
    Hi!
    I am in a very complicated situation. Five years ago I was named by a woman who I have never met as a father of her child. I have never been informed about it. It was a default judgement and CSE claims they sent me out a letter to address where I have never lived.Now CSE wants $ 60 000 in child support and welfare reimbursements... There is a court order and now my salary is garnished.I went to CSE and informed them that I have never dated with this woman and I am not the father but they said the statute of limitations for challenging paternity had passed. What I have to do? I am in Washington.
  • Jul 5, 2007, 03:29 PM
    GV70
    Quote:

    Originally Posted by JH123
    Hi!
    I am in a very complicated situation. Five years ago I was named by a woman who I have never met as a father of her child. I have never been informed about it. It was a default judgement and CSE claims they sent me out a letter to address where I have never lived.Now CSE wants $ 60 000 in child support and welfare reimbursements ...There is a court order and now my salary is garnished.I went to CSE and informed them that I have never dated with this woman and I am not the father but they said the statute of limitations for challenging paternity had passed. What I have to do? I am in Washington.

    Take a deep breath and drink a glass of cold water:) and pay... You have to ask for DNA test but you are not entitled to remove your past unpaid support.You can set aside only future obligations.I am not sure about this because the State of Washington has law which prohibits paternity changes from 180 days after the court order to 2 years after the child's birth.
  • Jul 5, 2007, 05:04 PM
    Synnen
    Get a lawyer. A good one.

    I can't believe that if you've never met this woman, and never knew of the paternity summons, and DNA proves it, that you'd have to pay for a child you never fathered or even knew about.

    My question here for you is why in the world did she name you as the father?
  • Jul 5, 2007, 05:14 PM
    mr.yet
    Request DNA testing and if it turns out you are not he father, there are legal steps you can take for refund and all garnished wages, and possible crimal charges against the people who made a false claim.
  • Jul 5, 2007, 07:03 PM
    GV70
    Quote:

    Originally Posted by mr.yet
    Request DNA testing and if it turns out you are not he father, their are legal steps you can take for refund and all garnished wages, and possible crimal charges agaisnt the people who made a false claim.

    A lot of states have law which prohibits reimbursemsnt for victims of fraud... for example: in Alabama §26-17a-1 FC Allows action to disestablish paternity to be brought at any time upon presentation of scientific evidence by legal father that he is not the biological father. Not applicable in cases of adoption. Section 26-17a-2 prohibits claims for damages, recoupment or reimbursement against court, mother or state.
    Tennessee is currently considering a law that would allow for the disestablishment of parentage.The new paternity law would not allow reimbursement for child support that has already been paid and would only apply to future child support payments.
    See also Taron Grant James'case.
    A man who made child support payments based on a paternity judgment later proven erroneous was not entitled to reimbursement, this district's Court of Appeal ruled yesterday.

    Affirming an order by Los Angeles Superior Court Referee Dennis Carroll, Div. Eight held that Taron Grant James could not get back the money he paid to the Los Angeles County Child Support Services Department pursuant to a factually mistaken paternity finding.The case is County of Los Angeles v. James, B187770.
    J.S. v. L.S. ___ N.J. Super.
    Requiring reimbursement would be contrary to the best interests of the child because that would result in depletion of resources for the child. If anyone has been unjustly enriched, it was the biological father : the putative father's remedy is against him, not the mother.
  • Jul 5, 2007, 07:10 PM
    GV70
    You CANNOT /!! / sue the state, CSEA and the mother-it is contrary to the public policy:eek: :eek:... you CAN sue for refund the biological father ONLY.
  • Jul 5, 2007, 07:20 PM
    bushg
    Can you prove through income tax records where you lived at that time? Also go to the landlord or auditors records if privately owned and see who owned the home where the letter was sent. Surely you can get someone to listen to you. In Ohio we have fathers rights groups, maybe look around in your area, you never know maybe someone like that can help you. Also contact American Civil liberties Union (ACLU). Maybe they will take on your case. I am sorry for your problems and I hope that you get them resolved.
  • Jul 5, 2007, 07:22 PM
    JH123
    Quote:

    Originally Posted by Synnen
    Get a lawyer. A good one.

    I can't believe that if you've never met this woman, and never knew of the paternity summons, and DNA proves it, that you'd have to pay for a child you never fathered or even knew about.

    My question here for you is why in the world did she name you as the father?

    I haven't got any ideas
  • Jul 5, 2007, 07:36 PM
    GV70
    Quote:

    Originally Posted by bushg
    Can you prove through income tax records where you lived at that time? Also go to the landlord or auditors records if privately owned and see who owned the home where the letter was sent. Surely you can get someone to listen to you. In ohio we have fathers rights groups, maybe look around in your area, you never know maybe someone like that can help you. Also contact American Civil liberties Union (ACLU). Maybe they will take on your case. I am sorry for your problems and I hope that you get them resolved.

    Good advices but... legaly thinking and speaking the facts are:1.The court established him as a father by default 2.there was deadline for contest 3.If the court allows disestablishment,it will refers to future obligations not to past ones. 4. For CSEA he is obligated to pay because there is a court order. 5. He is the legal father for all purposes from the day of the default order and will be the legal father till his paternity will be disestablished by court.
  • Jul 5, 2007, 08:33 PM
    Synnen
    So... basically the law says that you can name some random John Doe as the father, go to court to get child support, giving his last known address as some floozy's flop down the street, and you can bilch him for thousands of dollars before he even realizes it, and he can't do a damned thing against you?

    Hell, if that's the case, forget getting rid of child support. Go for full custody of the kid, based on the fact that the mother is a pathological liar, cannot support her own child, and apparently doesn't even know who she's sleeping with.

    THEN--go after HER for child support.

    Bet she changes her tune mighty fast.
  • Jul 5, 2007, 08:43 PM
    GV70
    Quote:

    Originally Posted by Synnen
    So...basically the law says that you can name some random John Doe as the father, go to court to get child support, giving his last known address as some floozy's flop down the street, and you can bilch him for thousands of dollars before he even realizes it, and he can't do a damned thing against you?

    Hell, if that's the case, forget getting rid of child support. Go for full custody of the kid, based on the fact that the mother is a pathological liar, cannot support her own child, and apparently doesn't even know who she's sleeping with.

    THEN--go after HER for child support.

    Bet she changes her tune mighty fast.

    :D :D :D :D :D :D
  • Jul 6, 2007, 03:51 AM
    mr.yet
    Quote:

    Originally Posted by GV70
    A lot of states have law which prohibits reimbursemsnt for victims of fraud...for example: in Alabama §26-17a-1 FC Allows action to disestablish paternity to be brought at any time upon presentation of scientific evidence by legal father that he is not the biological father. Not applicable in cases of adoption. Section 26-17a-2 prohibits claims for damages, recoupment or reimbursement against court, mother or state.
    Tennessee is currently considering a law that would allow for the disestablishment of parentage.The new paternity law would not allow reimbursement for child support that has already been paid and would only apply to future child support payments.
    See also Taron Grant James'case.
    A man who made child support payments based on a paternity judgment later proven erroneous was not entitled to reimbursement, this district's Court of Appeal ruled yesterday.

    Affirming an order by Los Angeles Superior Court Referee Dennis Carroll, Div. Eight held that Taron Grant James could not get back the money he paid to the Los Angeles County Child Support Services Department pursuant to a factually mistaken paternity finding.The case is County of Los Angeles v. James, B187770.
    J.S. v. L.S., ___ N.J. Super.
    Requiring reimbursement would be contrary to the best interests of the child because that would result in depletion of resources for the child. If anyone has been unjustly enriched, it was the biological father : the putative father's remedy is against him, not the mother.


    This is why the courts in this country need to go back to the beginning, and start over. Under Common Law this would not happen.

    If it turns out he not the father, the mother committed prejury on the original complaint file. This person needs to see that she doesn't get away free.

    No surprise on this one, the State of California like it when the are behind in support, the state charges 10% interest in the arrears which the state keeps, it doesn't go to the parent.

    Affirming an order by Los Angeles Superior Court Referee Dennis Carroll, Div. Eight held that Taron Grant James could not get back the money he paid to the Los Angeles County Child Support Services Department pursuant to a factually mistaken paternity finding.The case is County of Los Angeles v. James, B187770.
    J.S. v. L.S. ___ N.J. Super.
  • Jul 6, 2007, 05:22 AM
    froggy7
    Quote:

    Originally Posted by GV70
    You CANNOT /!!!/ sue the state, CSEA and the mother-it is contrary to the public policy:eek: :eek: ...you CAN sue for refund the biological father ONLY.

    Well, I can see that if you had some idea about the kid. But it seems highly unfair for someone to get a default judgement against someone 14 years after the kid is born (hypothetically) when they know that the person isn't the father, and for that man to be stuck paying the support for the last 14 years even after proving that he's not the father. Sure, he can sue the bio dad, but as many people have pointed out, getting the judgement is easy, actually making him pay is not. The state will go after the one guy for child support, but they will not help him recover a legal judgement against the bio dad.

    Just my thoughts. On the other hand, I don't see how the mom managed to get a default child support judgement without the putative father knowing about it.
  • Jul 6, 2007, 12:58 PM
    GV70
    [QUOTE=froggy7]Well, I can see that if you had some idea about the kid. But it seems highly unfair for someone to get a default judgement against someone 14 years after the kid is born (hypothetically) when they know that the person isn't the father, and for that man to be stuck paying the support for the last 14 years even after proving that he's not the father. Sure, he can sue the bio dad, but as many people have pointed out, getting the judgement is easy, actually making him pay is not. The state will go after the one guy for child support, but they will not help him recover a legal judgement against the bio dad.

    Quote:

    Originally Posted by froggy7
    Just my thoughts. On the other hand, I don't see how the mom managed to get a default child support judgement without the putative father knowing about it.

    No way... we have "Bradley amendment"which prohibits all past pay challenges/see
    Bradley Amemdment and retroactive modification of child support /
    You are right- it seems highly unfair for someone to get a default judgement...
  • Jul 6, 2007, 08:08 PM
    TTLT03
    Quote:

    Originally Posted by JH123
    Hi!
    I am in a very complicated situation. Five years ago I was named by a woman who I have never met as a father of her child. I have never been informed about it. It was a default judgement and CSE claims they sent me out a letter to address where I have never lived.Now CSE wants $ 60 000 in child support and welfare reimbursements ...There is a court order and now my salary is garnished.I went to CSE and informed them that I have never dated with this woman and I am not the father but they said the statute of limitations for challenging paternity had passed. What I have to do? I am in Washington.

    I'd get an attorney asap. It might cost you money out of pocket in legal fees but I'm sure it would be a lot cheaper than $60,000.

    My ex and I had split custody years ago, and he worked the system so that he didn't have to pay anything for a very costly school. He asked for state assistance which he received and in addition the state paid for the cost of the school although he was self employed and making over !00k per year. Three years later the state tried to come after me for $100,000. I hired an attorney which cost me $1500 but in the end I paid $5000 instead of $100,000. Please protect yourself and get a good attorney.
  • Jul 7, 2007, 07:00 AM
    froggy7
    Actually, I'm wondering if the OP is going about this the wrong way by contesting the paternity. It seems to me that the problem is that he was never informed of the case, and thus could not adequately defend himself. Does he have grounds for getting the judgement vacated, which would then put the paternity back to be unestablished, and give him a chance to defend against the case? In which case he would not be suing for fraud, etc. but just to have a wrongfully determined judgement reimbursed.

    But yes, I'd be talking to the best lawyer I could afford at this time.
  • Jul 8, 2007, 04:48 AM
    GV70
    Quote:

    Originally Posted by froggy7
    Does he have grounds for getting the judgement vacated, which would then put the paternity back to be unestablished, and give him a chance to defend against the case? In which case he would not be suing for fraud, etc., but just to have a wrongfully determined judgement reimbursed.

    My answer is He doesn't have grounds for getting the judgement vacated... Unfair,unjustice but... that is the law.
  • Jul 9, 2007, 12:54 AM
    JH123
    Impossible! I have never met this woman I am white she is white,too. The boy is a six years old mulatto!!
  • Jul 9, 2007, 12:59 AM
    JH123
    I have informed by a lawyer that I would be able to re-open the case and I don't need a DNA test. I am happy because if the boy was white I can never escape CS.
  • Jul 9, 2007, 01:00 AM
    JH123
    But no one is sure I can get my money back.

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