[schenkerbeans]

It was in sheboygan,WI and after I mailed in the letter the judge set a court date and reopened the case ans ordered that I had to pay $750 for gal after I paid the fee then a gal would be appointed and then the gal would determine if it was in the best interests of the child to order a dna test this was what I was told in court

This is off my ccap file for child support:

What is RSS?
Date Event Court Official Court Reporter
1 10-29-2008 Order revising judgment Bourke, Terence DeRuyter, Judy
Additional Text:
From the 10-6-08 hearing. Cak


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2 10-06-2008 Motion hearing Bourke, Terence DeRuyter, Judy
Additional Text:
Minutes
Court reopens matter per request from Mr Schenk. Court appoints gal. CSA to prepare order. Mlm-cak


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3 09-29-2008 Notice of hearing
Additional Text:
Motion hearing on October 6, 2008 at 02:00 pm.


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4 09-11-2008 Order for support Bourke, Terence DeRuyter, Judy
Additional Text:
From the 8-8-08 hearing.


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5 08-11-2008 Other papers
Additional Text:
Interim Financial Summary to Child Support Agency. Cak


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6 08-08-2008 Motion hearing Bourke, Terence DeRuyter, Judy
Additional Text:
Minutes
Cb-cak

This is what was ordered and proves I am not imagining this situation

[this8384]

So there you go. Pay the $750 and hope the GAL thinks a DNA test is appropriate. If s/he doesn't, then you just wasted $750.

Why didn't you fight this back in June when the case was filed?

Yes, Josh; I know how to use CCAP.

[schenkerbeans]

I did fight this in June when the support was ordered and the judge told me I had to file a separate motion

[this8384]

So why didn't you?

[schenkerbeans]

I did and this is where I'm at


It took this long for the judge to respond to my letter

[this8384]

Had you filed a separate motion in June, then you wouldn't have to file again in October.

So as I said, those are your options: pay the GAL fee and hope that they think it's in the child's best interest to do a paternity test.

[schenkerbeans]

OK thank you for the advice

[ScottGem]

I was trying to figure what gal was. At first I thought it was the DNA lab. Then I thought it was some girl the judge recommended. But finally I realized it must be a Guardian Ad Liteum. And the judge is saying that you have to pay this person to review your case and decide whether it warrants overturning the Voluntary Paternity Acknowledgment.

Like This8384, I'm perplexed as to why the judge is granting this. As the link Liz gave you points out, the only way to get it overturned is prove that you signed it under duress or through fraud.

So, basically, the judge requires that you pay a GAL to review the case and determine whether duress or fraud existed. If you think they will find that was the case, then pay the $750. If you don't think you can, save your money.

You might want to take one of those home tests, if you have any doubt that you are the father. It would be upsetting if you got the GAL to authorize a test and it turned up positive.

Do you have an attorney? Because I really think you need one. Think of it this way, if you drop the fight, you will be paying child support for the next 18 years. Probably a lot more than it would cost you to fight it.

[cadillac59]

In California (and this is only an example, your state may have a different approach to this) you have 2 years from the date of birth of the child to take action to set aside the voluntary declaration of paternity ("pop-dec") or, if more than two years have past, up to 6 months from the date a custody or support order was entered. So it might be too late to do anything depending on these facts.

If you are within the time limits allowed to challenge a pop-dec you can seek genetic testing but even if you are not bio-dad the court may still deny a request to find that you are not the legal father if you've established yourself in the child's mind as his/her dad. That's typically how it works.