My children's father requested a dna test last year and has failed to appear twice. What will happen to our case and what steps do I to take to make my child support case move faster.
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My children's father requested a dna test last year and has failed to appear twice. What will happen to our case and what steps do I to take to make my child support case move faster.
Did you file a child support case against the father and have a DNA test ordered?
Go to the court and tell them about him draggin his feet. And you might want to mention to the father that he can drag his feet all he wants... the juice started running the day you filed... so now he is a year behind in payments and will have to make them up.
Edited to add: ***in many states, the support starts from the time of filing
What exactly are you trying to "move faster"? Is the father contesting paternity? Why don't you file for the DNA test; that way if he doesn't show up, he can be found in contempt for not following the court order.
Quote:
Originally Posted by stevetcg
I filed for child support since 2004 with our first child! I don't receive any assistance for my kids.I call child support enforcement every week for answers and I'm not getting anywhere with them. I can't quit my job to apply for assistance just to get them to move faster on my case...
I would like action taking against him. I had to retake our dna test for a second time or Child Support Enforcement threatened to close my case against him. He didn't show up for the test twice and they won't update my case until the middle of this month.Quote:
Originally Posted by this8384
Something isn't adding up. He cannot be forced to pay child support until he is legally established as the father of the child(ren). If he denies being the father, then you file in court for a paternity test. This must be done through the court; you can't buy an at-home DNA test.
If he refuses to take the court-ordered test, then he goes to jail for contempt of court.
If he has been established as the father through the courts, then they should be enforcing the support order. There is no reason for them to close your case just because he's not paying.
This makes me believe that we are not getting the full story because what you are describing to us is not how the law works. You need to give us all the details, from the very beginning up until today.
I took a dna test in 04 for my five year son. The results were 99.99%, and I had to retest my 5 year old in Feb. along with my one year old. In August of 08 I took a dna test for the baby which I never received the results. In Feb. of 09, I had to retake the test for both kids or my case would be closed for non-compliance. I have yet to receive the results for this test because he did not show up!Quote:
Originally Posted by this8384
I'm confused, why would you as the MOTHER need to take a DNA test? Your OB/GYN's signature on the birth certificate is proof that you gave birth the child. The only reason I would see the mother needing to take a DNA test is if there is a question that she kidnapped the child.Quote:
Originally Posted by knightp
And I agree with This8384. If you have filed for support, you obtain a court order for a test to be done. If the father doesn't show up you report it to the court and a warrant for his arrest is issued. He is then held until he furnishes a DNA smaple for testing.
All I know is that I call child support enforcement every week and there is nothing new about my case. They know that he is giving them the run arounds,and they will try to serve him 1 more time before a default on our case. I requested suspension of his license since he drives for a living. He sub-contracts with fed-x, they told child support that he does not work for them, so they didn't serve him on the job. Right now I feel like I' am being nickled and dimed by the state and him.Quote:
Originally Posted by ScottGem
There is nothing new because he's dodging the paternity test. And you are allowing him to do so, by not going back to court to ask for a contempt citation and a warrant for his arrest.
I suspect you don't have an attorney, do you?
No I do not. This is the first time that I've had to go through something like this. But know that I know what I need to do, by going to the court to file my papers I'll make sure I do that.Quote:
Originally Posted by ScottGem
Not having a lawyer is why you are spinning your wheels here. If you had a lawyer this probably would have been cleared up long ago.
But I'm still wondering why YOU had to take DNA tests. That has made the least sense to me out of several things you have related that don't make sense.
I don't know why I had to take the dna test, but I did what child support ask me to do after I opened my case. Well I guess it really don't matter cause I can't make him be a father to my kids.The only thing left for me to do is take him down there myself.Quote:
Originally Posted by ScottGem
This again is one of your problems. You don't ask why things are done. If you had an attorney he would have asked.Quote:
Originally Posted by knightp
I just can't see any reason the mother would have to take a paternity test. Its impossible to know what sperm fertilized an egg without a test. On the other hand, its pretty obvious whose womb the baby came out of.
None of this thread makes sense whatsoever. I have NEVER been asked to take a paternity test - not even for my stepchildren, much less my biological daughter. Either we're being trolled or not getting the accurate story.
You keep saying you took a DNA test; that does NOT mean he's been recognized as the biological father. Hounding child support is not going to help you in anyway; it's going to make them sigh every time you call because you want something done when you haven't taken the proper steps to begin with.
Go to court, file for a paternity test and he will NEED to follow the court order. If he refuses, he goes to jail - simple as that.
I don't know where you stay, but in Florida if either party request a dna test. All parties involved must be tested. They take a picture of both parents and child(ren) & make you the parent sign the picture. In 2004 we tested for our 5 yr old with results of 99.99%, got the results in 4 weeks. In July 08 I added our 2nd child to my case & he requested another test. In Aug. 08' the baby & I went to the court house to be tested, results never came. In Feb.09' I was court ordered to another test @ the child support office or they would close my case for non-compliance. Now that I know that I can court order another test, I'll make sure I go do that. I haven't had to deal with child support issues before my oldest child's father has been a father since day one for our son. Thanks for shedding some light on the court system for me!!Quote:
Originally Posted by this8384
Interesting. The only thing I could find on this was a template for a motion for testing. But in that template it did specify that both the petitioner and recipient of the order undergo testing. I really don't see the need for testing the mother, the dcotor's signature on the birth certificate should be sufficient to establish the mother. In fact that's why they call it PATernity, the derivative of that is the father. I would be interested if anyone can supply a rationale for this.
I did also find this and a FL Atty's site;
Proof of paternity is normally established through DNA testing, and when a man is served with a paternity summons, he is required to provide the tissue samples necessary to determine the identity of the child's father. Failure to do so can be punished as contempt of court.
So, assuming you have the order, you need to pursue it like we said.
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