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    Reaper1's Avatar
    Reaper1 Posts: 1, Reputation: 1
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    #1

    Apr 14, 2010, 09:30 AM
    Can a man who has not had a dna test be charged and arrested for child support evasio
    My son has been arrested and charged with child support evasion. He was homeless for over a year and did not receive any paperwork that the mother says was sent to his last address. When he tried to renew his DL he was told that he owed 13,000.00 in child support. HE went to a hearing and was arrested. The judge said that he missed his chance to prove paternity and the court named him the father. They have since released him and gave him thirty days to pay. Is this legal?
    donf's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
     
    #2

    Apr 14, 2010, 10:41 AM

    Something is wrong here or your son is not giving you enough information.

    For example, did he sign the Birth Certificate as a parent?

    Having a person declared to be the parent of a child is simple if you are the mother.

    However, the father does have the right to request a DNA test if he denies paternity.

    Some but not all States require DNA testing. I Kentucky does not, but they will honor a request for a DNA test prior to declaring someone as the father.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Apr 14, 2010, 11:11 AM
    Quote Originally Posted by Reaper1 View Post
    They have since released him and gave him thirty days to pay. Is this legal?
    Hello Reaper:

    I don't know. But, if he doesn't do anything to stop them, it winds up being, ipso facto, legal. Therefore, he needs an attorney.

    excon

    PS> Like it or not, our legal system is the best money can buy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 14, 2010, 06:04 PM

    It is legal if they had a legal warrant.

    Appears she named him as father, or he signed the birth certificate. Also sounds like he never responded to any legal paper work, or could not be served.

    He needs to hire an attorney to review all the paper work

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