Ask Me Help Desk - Vindictive X improper service & paternity

Two part Question...

Part 1.

I my X live in girlfriend filed for child support and sent the summons to the address of my wife who I was legally separated from for over 3 years. I summons was handed to my 14 year old son who was simply asked do you know " so and so" (me) of course he does he is my son but so do hundreds of other people "know me". I never lived at the address that the summons was served to and the address was intentionally provided to the courts by X girlfriends out of spite. She knew my address because I was still receiving her bank statements via mail.

Which resulted in 1 angry (now) X wife who trashed summons and ! Default judgment which I found out about years later at a traffic stop.

Part 2.

I never met this child who is who is now 6 years old and I had a vasectomy 10 years ago As of the last test I requested 1 year ago I have a zero sperm count. The problem is the Dr's office has lost my file and the only proof I have is the referral form which the office still has.

1. Can I have the default judgment set aside for improper service?
2. Can I successfully file a motion for scientific discovery?
3. Once proven the child is not mine can I seek damages (lost wages, damaged credit report, attorney fees for suspended license, and recovery of close to $65,000 in support payments)?
4. Which should I pursue first?

Quote:

Originally Posted by SflaDAD

Two part Question ...

Part 1. I my X live in girlfriend filed for child support and sent the summons to the address of my wife who I was legally separated from for over 3 years. I summons was handed to my 14 year old son who was simply asked do you know " so and so" (me) of course he does he is my son but so do hundreds of other people "know me". I never lived at the the address that the summons was served to and the address was intentionally provided to the courts by X girlfriends out of spite. She knew my address because I was still receiving her bank statements via mail. Which resulted in 1 angry (now) X wife who trashed summons and ! default judgment which I found out about years later at a traffic stop.

Part 2. I never met this child who is who is now 6 years old and I had a vasectomy 10 years ago As of the last test I requested 1 year ago I have a zero sperm count. the problem is the Dr's office has lost my file and the only proof I have is the referral form which the office still has.

1. Can I have the default judgment set aside for improper service?
2. Can I successfully file a motion for scientific discovery?
3. Once proven the child is not mine can I seek damages (lost wages, damaged credit report, attorney fees for suspended license, and recovery of close to $65,000 in support payments)?
4. Which should I pursue first?

Please keep in mind that I do not know the parties and am only giving you my legal opinion. This is NOT how process is served - I own and operate a process service company and I MUST verify that I am handing the papers to a person of legal age. I don't know if your son is confused or if the process server lied. In order to find out you would have to go to Court, obtain the file and read the Affidavit of Service filed by the server. A summons is also not just "sent" to someone's home - if it IS handed to a third party service must be completed by mailing a copy. When did you find out that your son was "served?" The time to file a protest was then. I'd have to see the Affidavits to determine whether you can get this set aside for bad service at this time.

When was the 6 year old child brought to your attention? What did you do to disprove paternity at that time? The fact that your sperm count is zero now does not mean it was zero at the time of conception. The ONLY way to prove is disprove paternity is to go to Court and request DNA testing. Only Court-ordered testing in a Court-approved facility is acceptable.

If you can prove that the mother knowingly has accused you of paternity, knowing full well that you are NOT the father you can certainly bring an action against her. However, as I am sure you can tell, this is not an easy thing for you to prove. She has to KNOW you are not the father, not suspect, not think there's a possibility. KNOW.

You can't sue for a false paternity action until you prove you are NOT the father so the paternity motion comes first. Depending on the results you follow through with the other issue.

Thank you for your response... To answer a few of your questions

I found out about it when child was 3 my son was served I guess a few months after child was born. My sons mother was pissed that her household was involved in my mess (which I can't blame her for being upset) she trashed the summons and it did not come up until I was pulled over. I went to the court and pulled the case and saw the address.

And yes your right on the sperm count. Since I had the vasectomy I get it checked yearly perm count was zero 10 months before the child was conceived 2 months after that and is still zero today. The reason we broke up was because she disappeared at 9 in the evening and did not return home until 11am the nest day 3 days in a row she claims she was at a "Hotel" party on south beach.

I did not take action once I found out because I traveled and rented 3-4 cars a week because of my job which I lost as soon as I was required to travel again and couldn't which was one week later. I earned over 80k a year and starting from that week I have not made over 30k since because I can't return to the field that I spent my entire life in. I'm drowning in debt and can't afford a lawyer yet she gets free help to continue the fraud...

What state is this in because you might be in the window of opportunity to contest it on your own through the courts. If you lost your income then you should have been back to court already.