Child Support Warrant

[stinastina]

What is the name of your state (only U.S. law)? NJ

G currently lives in Georgia for the past 10 years. He had a few intimate encounters with a woman 16 years ago who told him she was pregnant. When he went to visit the woman after the baby was born, a man answered the door and said he was the live-in boyfriend. Later his wages were attached for child support. G never acknowledged paternity in writing and did nothing to dispute it until several years later.

In 2009, G contacted the child support caseworker. The caseworker stated he was not named on the birth certificate as the father. He questioned why he was being forced to pay child support when he is not listed as the father on the birth certificate and never acknowledged the child. Collections ceased.

Yesterday, the county police stopped a relative driving his car to inform them G has a warrant for unpaid child support in NJ.

Should G have been served regarding the warrant ? In other words, can a motion to set aside the warrant be filed since he never received notice ?

Also, how does G go about having the courts determine paternity ? What would he file ?

Thank you for your assistance.

 

[single317dad]

There is no requirement for prior notification before serving a warrant. G can be arrested at any time. G needs a lawyer.

 

[Proserpina]

What is the name of your state (only U.S. law)? NJ

G currently lives in Georgia for the past 10 years. He had a few intimate encounters with a woman 16 years ago who told him she was pregnant. When he went to visit the woman after the baby was born, a man answered the door and said he was the live-in boyfriend. Later his wages were attached for child support. G never acknowledged paternity in writing and did nothing to dispute it until several years later.

In 2009, G contacted the child support caseworker. The caseworker stated he was not named on the birth certificate as the father. He questioned why he was being forced to pay child support when he is not listed as the father on the birth certificate and never acknowledged the child. Collections ceased.

Yesterday, the county police stopped a relative driving his car to inform them G has a warrant for unpaid child support in NJ.

Should G have been served regarding the warrant ? In other words, can a motion to set aside the warrant be filed since he never received notice ?

Also, how does G go about having the courts determine paternity ? What would he file ?

Thank you for your assistance.

Paternity is already determined - G is the legal father.

G should seek the assistance of an attorney; just because collections ceased doesn't mean he's no longer the father or that the child support is no longer owed. It means only that collection efforts have ceased.

I seriously doubt there's anything at all G can do as to paternity, since there isn't a court in the land going to overturn paternity of a 16 year old.

 

[Zigner]

What is the name of your state (only U.S. law)? NJ

G currently lives in Georgia for the past 10 years. He had a few intimate encounters with a woman 16 years ago who told him she was pregnant. When he went to visit the woman after the baby was born, a man answered the door and said he was the live-in boyfriend. Later his wages were attached for child support. G never acknowledged paternity in writing and did nothing to dispute it until several years later.

In 2009, G contacted the child support caseworker. The caseworker stated he was not named on the birth certificate as the father. He questioned why he was being forced to pay child support when he is not listed as the father on the birth certificate and never acknowledged the child. Collections ceased.

Yesterday, the county police stopped a relative driving his car to inform them G has a warrant for unpaid child support in NJ.

Should G have been served regarding the warrant ? In other words, can a motion to set aside the warrant be filed since he never received notice ?

Also, how does G go about having the courts determine paternity ? What would he file ?

Thank you for your assistance.

Please have G create an account and ask his own questions. Thank you.

 

[stealth2]

G would be best served by posting himself or speaking with an attorney.

 

[stinastina]

Paternity is already determined - G is the legal father.

G should seek the assistance of an attorney; just because collections ceased doesn't mean he's no longer the father or that the child support is no longer owed. It means only that collection efforts have ceased.

I seriously doubt there's anything at all G can do as to paternity, since there isn't a court in the land going to overturn paternity of a 16 year old.

Thanks, everyone, for the comments.

Proserpina, on the NJ child support website it states that paternity has to be established via certain steps. None of those steps were taken so why couldn't it be overturned ? He was never married to the mother, he is not named as the father on the birth certificate, he never signed an acknowledgement of paternity, the mother lived with another man at the time, he saw the infant twice in 16 years, no dna test was done.

Not only did collections cease in 2009 after the caseworker acknowledged G was not on the birth certificate, but the case was closed. It turns out the mother recently reopened the case.

 

[Silverplum]

Thanks, everyone, for the comments.

Proserpina, on the NJ child support website it states that paternity has to be established via certain steps. None of those steps were taken so why couldn't it be overturned ? He was never married to the mother, he is not named as the father on the birth certificate, he never signed an acknowledgement of paternity, the mother lived with another man at the time, he saw the infant twice in 16 years, no dna test was done.

Not only did collections cease in 2009 after the caseworker acknowledged G was not on the birth certificate, but the case was closed. It turns out the mother recently reopened the case.

He likely was found to be the father by default when he didn't attend the hearing.

HE needs to be asking these questions.

 

[LdiJ]

Thanks, everyone, for the comments.

Proserpina, on the NJ child support website it states that paternity has to be established via certain steps. None of those steps were taken so why couldn't it be overturned ? He was never married to the mother, he is not named as the father on the birth certificate, he never signed an acknowledgement of paternity, the mother lived with another man at the time, he saw the infant twice in 16 years, no dna test was done.

Not only did collections cease in 2009 after the caseworker acknowledged G was not on the birth certificate, but the case was closed. It turns out the mother recently reopened the case.

A caseworker cannot close or vacate a child support order. Only a judge can do that. The only thing the caseworker can do is cease collecting the order. That does not make the order go away.

At some point a court had to declare him the legal father (perhaps by default if he did not respond to a paternity case) or a judge could not have ordered child support in the first place. Child support could never have happened without a court order.

 

[stinastina]

Just an update on G's case. We ordered the initial court records from when paternity was established by default. G never attended any court hearings and never received notice. Notification was sent via regular mail and certified mail. The certified mail was returned to the court as addressee not found. The court went ahead anyways and entered a judgment of paternity and ordered child support.

16 years later, G lives in another state (Georgia) and is notified of the child support warrant from NJ. G sends in a motion to disestablish paternity and requests a paternity test. The motion is not filed because child support demands 3 months of payments before allowing the filing and returns the motion paperwork back to G.

G sends a letter to the judge respectfully requesting that the motion be granted and the warrant removed pending a paternity test.

Judge calls G and grants the paternity test and lifts the warrant. The biological mother's attorney (from the department of welfare) argues against the paternity test but the judge orders it.

G is scheduled for the paternity test March 3rd.

 

[OHRoadwarrior]

That is in G's favor, however G could still be held liable by the court under the best interest of the child standard, because he did not act to correct the issue with the court years ago so they could find the correct father. This is a good possibility if the state has been providing welfare services under the assumption G was father for several years so they never looked for the correct father to asses for all those years.

 

[TinkerBelleLuvr]

Please keep us updated.