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So I was never married to my ex, but have two children together. He is paying child support for both, however, one child is not his. He is on the birth certificate for both. So I already told child support he is not the father of one and paternity test were done. They don't seem too helpful with this situation, so should I get a lawyer or can this be done without one? And, will I have to re-pay my ex?
I cannot answer you because I do not know your location.Quote:
Originally Posted by lynda80
The laws vary from state to state.
We need additional information.
Sorry. Oklahoma
Section 7700-307 - Rescission of Acknowledgment or Denial of Paternity
A. A signatory may sign a rescission of acknowledgment of paternity or sign a rescission of denial of paternity before the earlier of:
1. Sixty (60) days after the effective date of the acknowledgment; or
2. The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
DEPARTMENT OF HUMAN SERVICES, Plaintiff/Appellant, v. Billy J. CHISUM, Defendant/Appellee.
Court of Civil Appeals of Oklahoma
Synopsis:
The Oklahoma Department of Human Services (DHS) appeals from an order granting Billy Jo Chisum's motion to vacate a support order that was based upon his execution of an affidavit of paternity. The trial judge concluded Chisum established a material mistake of fact under 10 O.S.Supp.1999 § 70. We reject DHS' arguments that § 70 may not be applied under the circumstances of this case and affirm the trial court's order.
For reversal, DHS argues Chisum failed to state any grounds recognized in 12 O.S.2001 § 1031.1 for vacating what it says was a final order determining Chisum was A's father. Accordingly, DHS argues Chisum is bound by res judicata. However, where it applies, § 70(C)(1) specifically provides for a proceeding to establish that an acknowledgment was the result of a material mistake of fact and for the release of the “person signing the acknowledgment of paternity” from “any court-ordered or Department-ordered payments for the support and maintenance of the child” if the court determines the person is not the father of the child. The specific provisions of § 70 control over the more general provisions of 12 O.S.2001 § 1031.1. See Parks v. Stith, 1951 OK 144, 232 P.2d 614, 204 Okl. 625. Chisum was not barred by res judicata from challenging the child support order and his acknowledgment under § 70.
Of course! DHS/DCSE is not interested in it. Even more-there are many stupid zealots that work for DHS/CSE.Quote:
Originally Posted by lynda80
It is always a good idea to get a lawyer but you may proceed Pro se.Quote:
Originally Posted by lynda80
No.Quote:
Originally Posted by lynda80
But I am sure that Oklahoma Department of Human Services will object because they are under obligation to do it:
Chapter 25. Oklahoma Child Support Services > 5. Operational Policies > 176.1. Challenges to paternity establishment
(a) Oklahoma Child Support Services (OCSS) objects to a paternity challenge proceeding when:
(1) there has been an acknowledgment of paternity executed in Oklahoma or another state and not rescinded within the allowable time, which is 60 days; [45 CFR § 303.5 and 10 O.S. §§ 7700-301 through 7700-307]
(2) the child has a presumed father and a party initiates a challenge more than two years after the child's birth;
(3) paternity has been established by a district or administrative court order. [10 O.S. § 7700-636]
It is not unseen DNA tests to reveal that the alleged father is not the father, the mother to ask his name to be removed from the child's BC and... a fat granny from Child support enforcement to object to it and... of course the judge will agree with that granny and rule against paternity disestablishment.In such cases you cannot expect from DCSE understanding, common sense or logic.You can expect policy.
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