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-   -   VA DCSE - Paternity question (https://www.askmehelpdesk.com/showthread.php?t=555329)

  • Feb 17, 2011, 03:10 PM
    Guy214
    VA DCSE - Paternity question
    Can VA DCSE pursue a child support case against a father when paternity hasn't been proven? She was dating someone else at the time we had our slip up so I've always questioned it. My name is not on birth certificate and I have never signed anything. She had me sign custody over to her 4 days after the baby was born. Stayed in their life for a while then she disappeared and I couldn't find her. When the child was 16 she filed for support but sent papers to a very old address for me. 2 years later, I get a court summons. I didn't even know I owed and now I'm in arrears and my life is upside down. I've been called to court 3 times and each time they dismissed the case based on lack of evidence or something but DCSE is still after me. No one at DCSE will even talk to me. Anyone know a good VA attorney
  • Feb 17, 2011, 03:11 PM
    Guy214
    DCSE arrears
    How can DCSE collect arrears from me when paternity has never been legally proven?
  • Feb 17, 2011, 03:13 PM
    JudyKayTee

    Where and how old is the child?
  • Feb 17, 2011, 03:20 PM
    AK lawyer
    Quote:
    Originally Posted by Guy214 View Post
    Can VA DCSE pursue a child support case against a father when paternity hasn't been proven? ...
    Sure, they can pursue it. But in order to collect they will have to prove paternity one way or another.

    Quote:
    Originally Posted by Guy214 View Post
    ... I've been called to court 3 times and each time they dismissed the case based on lack of evidence or something but DCSE is still after me. No one at DCSE will even talk to me. Anyone know a good VA attorney
    Tell DCSE they have had their day in court and they have lost. If the case was dismissed, was it with prejudice? And if not, why not? Ask what new evidence they have.
  • Feb 17, 2011, 07:48 PM
    GV70

    Quote:
    Originally Posted by Guy214 View Post
    When the child was 16 she filed for support but sent papers to a very old address for me. 2 years later, I get a court summons. I didn't even know I owed and now I'm in arrears and my life is upside down. I've been called to court 3 times and each time they dismissed the case based on lack of evidence or something but DCSE is still after me. No one at DCSE will even talk to me. Anyone know a good VA attorney
    Quote:
    Originally Posted by AK lawyer View Post
    Sure, they can pursue it. But in order to collect they will have to prove paternity one way or another.


    Tell DCSE they have had their day in court and they have lost. If the case was dismissed, was it with prejudice? And if not, why not? Ask what new evidence they have.
    I guess there was a default order and now DCSE wants to collect CS from the date when default order was issued.
  • Feb 17, 2011, 07:52 PM
    Fr_Chuck

    Yes, I will assume that she filed a court case, and you were not served or found, and they had a court hearing without you.

    You will need to be pro-active and file a challenge to this
  • Feb 18, 2011, 07:13 AM
    Guy214
    The "child" is now 20 years old. I am challenging this. The last time I was in court, the judge spoke in code to the DCSE attorney saying that he knew what she was trying to do but it couldn't be accomplished because of something she keeps missing. The two other times, I didn't even have the opportunity to sit down before the judge said, "this case has been dismissed". The paperwork I received just said case dismissed but there is nothing that states why. Went down to the courthouse twice and there is no detail in the court jacket regarding the explanation for judges' decisions. I just figure an attorney can get further than I have. I understand that DCSE doesn't need the court to enforce arrears.
  • Feb 18, 2011, 07:40 AM
    AK lawyer
    Quote:
    Originally Posted by Guy214 View Post
    The "child" is now 20 years old. I am challenging this. The last time I was in court, the judge spoke in code to the DCSE attorney saying that he knew what she was trying to do but it couldn't be accomplished because of something she keeps missing. The two other times, I didn't even have the opportunity to sit down before the judge said, "this case has been dismissed". The paperwork I received just said case dismissed but there is nothing that states why. Went down to the courthouse twice and there is no detail in the court jacket regarding the explanation for judges' decisions. I just figure an attorney can get further than I have. I understand that DCSE doesn't need the court to enforce arrears.
    Well, if I were you I would certainly argue that the case has already been to court and thrown out. Put the burden on DCSE to show why it was dismissed and how they figure they can file it over and over again.

    And next time the judge dismisses it on his own, say something like "excuse me your honor but I believe I have the right to know why you are dismissing this and how DCSE can keep bringing it back." If he gives you flack, the next time he runs for re-election you should support whoever is running against him.

    Either that or speak to an attorney.

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