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The only way to reopen a closed case is with fresh evidence, and taking her to court for over paying or wrongly paying requires PROOF, and the right lawyer. If you are not going to go about this in the right way, your emotional outrage (which I do not blame you for not one bit) is USELESS.
Did you review the link I gave you? There are many like it, so stop spinning your wheels and do your HOMEWORK. Get facts and tamp down on those feelings. Consultations can be FREE. Call around and find it.
Will do.. THANK YOU A lot..Quote:
Originally Posted by talaniman
Disestablishment of Paternity - New Florida Paternity & Child Support Law
Termination of Child Support Obligation
The alleged father may be relieved of his child support obligation pursuant to Florida Rule of Civil Procedure 1.540(b) RELIEF FROM JUDGMENT, DECREES, OR ORDERS:
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons:
• mistake, inadvertence, surprise, or excusable neglect;
• newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing.
HICKMAN v. MILSAP, No. 5D12–1239., February 08, 2013 - FL District Court of Appeal | FindLaw
A recent Fifth District Court of Appeals case held that a disestablishment of paternity action does not relieve the alleged father of any previously established child support arrearages.
The Florida statute, section 742.18, which deals with disestablishment of paternity states that the disestablishment of paternity “relief shall be limited to issues of prospective child support payments and termination of parental rights, custody, and visitation rights.. . All previous lawful actions taken based on reliance on the [male's previous status as father] are confirmed retroactively but not prospectively.”
So in this case I assume Iam screwed and might as well take it as a LOST?.Quote:
Originally Posted by GV70
OVER $10K DOLLARS??
It certainly looks like it. But I'm still unclear on something. Were you at the original hearing where support was awarded? Because if you were and you denied paternity and denied signing an acknowledgement of paternity and a DNA test was not performed, then something was not right with the award. You might be able to do something based on that.Quote:
Originally Posted by ccordy30
But the only way you will know is by consulting a local Family Law attorney. I'm assuming you did not do so initially. Had you been represented at the original hearing you might not have been stuck with the support and the cost of the attorney may have been less than the $10K you have had to pay out.
At the time of the hearing I told the judge that I did not sign the birth certificate the judge said well I don't think it's nothing we can do about that now. And then from there he proceeded to tell me I am responsible for the retroactive support but they terminated all current support there was no recurring support... I never consulted an attorney at the time because I figured everything would go in my favor.I was told I can file a civil lawsuit and not a small claims lawsuit because the amount is over $5,000... So I think consulting an attorney would be my best option if any at allQuote:
Originally Posted by ScottGem
And not to mention My name is STILL ON THAT Child's birth certificate.. .
The case holds that an action to disestablish paternity under section 742.18 doesn't include a retroactive modification of child support paid or adjudged.Quote:
Originally Posted by ccordy30
Although I see nothing in the opinion suggesting that you cannot sue under another statute or court rule (such as Florida Rule of Civil Procedure 1.540(b), quoted above by GV70) to recover what you paid in the past.
But, in short, yes, you probably are.
Okay so what exactly are you saying in this situation??Quote:
Originally Posted by AK lawyer
What's done is done.Quote:
Originally Posted by ccordy30
Sighs...Quote:
Originally Posted by AK lawyer
Okay thank You for the advice..
From what I quoted above it does NOT sound like the original support hearing. That's what I'm trying to get at. Based on what GV70 posted, the judge was right. He could do nothing about support owed, but could terminate the support award for future support. What I'm trying to get at was whether this was the only hearing. If not when was support originally ordered. Or was support ordered retroactively at this one hearing? If so how far back did they go?Quote:
Originally Posted by ccordy30
Yes everything was done at this one hearing..Quote:
Originally Posted by ScottGem
She opened the case in 2007 but they didn't get to it until 2011 they went back as far as 2007 because she was receiving government benefits
Ahh now it makes more sense. I suspect, if you had representation, that you could have gotten it quashed before it got to a hearing. And, again, even if you do win a lawsuit, I'm not sure how you are going to collect it.Quote:
Originally Posted by ccordy30
I cannot agree moreQuote:
Originally Posted by ScottGem
So what do you guys recmnd I do?Quote:
Originally Posted by GV70
Quote:
Originally Posted by ccordy30
Consult an attorney
Okay thank you very much will do would you guys happen to have any links you can share with me to find an attorney I am in Miami FloridaQuote:
Originally Posted by ScottGem
Quote:
Originally Posted by ccordy30
You can try this link and check with them. We arent allowed to give out an individuals name here.
The Florida Bar HOME PAGE FLABAR ONLINE
They have a free refferal service.
Thank you allQuote:
Originally Posted by cdad
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