• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Not the father, I didn't sign the birth certificate, and I don't know the WOMAN!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

onetrue

Junior Member
Okay.

A long year is coming to an end with me trying to end my child support obligations to a woman I have only ever seen once, to be honest, I don't even think I slept with her.

In 2010 I defaulted on a court case summoning me to court for paternity, as a college student, I never received the court summons, and the trial proceeded without me knowing. Last year, I learned they began garnishing my wages for child support, and I was stunned and did not understand what was happening, further researched showed that I defaulted on a paternity case and I was being made to pay child support. Finally next month, after doing a legal DNA test with the courts, I am not the biological father ("0 percent possibility of paternity, I lack the genetic markers and alleles that is attributed to the child." - DNA Test) and I have paid thousands in support for a child that was never mine to a women I didn't even know.

Next month we are going back to court with her lawyer to end the paternity and child support, so her husband can adopt the child, leaving the other man she never told the courts about off the hook.

I am mad as hell, I want my money back and I want to know how to do it.
 


Proserpina

Senior Member
Okay.

A long year is coming to an end with me trying to end my child support obligations to a woman I have only ever seen once, to be honest, I don't even think I slept with her.

In 2010 I defaulted on a court case summoning me to court for paternity, as a college student, I never received the court summons, and the trial proceeded without me knowing. Last year, I learned they began garnishing my wages for child support, and I was stunned and did not understand what was happening, further researched showed that I defaulted on a paternity case and I was being made to pay child support. Finally next month, after doing a legal DNA test with the courts, I am not the biological father ("0 percent possibility of paternity, I lack the genetic markers and alleles that is attributed to the child." - DNA Test) and I have paid thousands in support for a child that was never mine to a women I didn't even know.

Next month we are going back to court with her lawyer to end the paternity and child support, so her husband can adopt the child, leaving the other man she never told the courts about off the hook.

I am mad as hell, I want my money back and I want to know how to do it.

You're not getting your money back.

You should have turned up in court.
 

Proserpina

Senior Member
How do you show when you didn't know? I wasn't in the state, it wasn't even my address. I would have if I knew. That is a pretty dumb answer.

When you found out, that was the time to object.

I'm thinking you were served either at an old address, or by publication.

Now, a question. If you don't know the woman, why would she name you as the father?
 

Proserpina

Senior Member
Okay.

A long year is coming to an end with me trying to end my child support obligations to a woman I have only ever seen once, to be honest, I don't even think I slept with her.

.

You don't think you slept with her?!

You don't keep track of where your soldiers are going? Whyever not?
 

onetrue

Junior Member
When you found out, that was the time to object.

I'm thinking you were served either at an old address, or by publication.

Now, a question. If you don't know the woman, why would she name you as the father?
I have been since my wages began being garnished.
We live in a very small town, I have met her and I have a neurological disorder, I do not retain memory and she wasn't very memorable.

I realize this isn't very common, so if we can stay on topic and not ask irrelevant questions?
 

Proserpina

Senior Member
I have been since my wages began being garnished.
We live in a very small town, I have met her and I have a neurological disorder, I do not retain memory and she wasn't very memorable.

I'm afraid you won't get your money back.

But look on the bright side - it'll all be over soon!
 

Proserpina

Senior Member
They seriously need to require people to prove paternity before taking money and forcing people through hoops. Its too easy.
On the other hand, it's your responsibility to make sure you know where your soldiers have been deposited and check on a possible end result.

If you seriously have a disorder that affects your memory, perhaps abstaining altogether would be a good idea. Or a vasectomy.
 

ecmst12

Senior Member
Had you hired a lawyer as soon as you found out about the problem, you might have been able to get the original order finding you to be the father vacated. You didn't, and now the ship has sailed.
 

I'mTheFather

Senior Member
The other bright side is that, with your neurological disorder, you'll probably forget about all that money you've already paid.

See? Silver lining!
 

stealth2

Under the Radar Member
That is a pretty dumb answer.
so if we can stay on topic and not ask irrelevant questions?
And you also apparnetly lack a filter when asking people to help you for FREE.

They seriously need to require people to prove paternity before taking money and forcing people through hoops. Its too easy.
They seriously tried. But when one has one-nighters, doesn't remember the person they slept with, it's not always easy. Apparently she didn't know you any better than you knew her. How nice for the child.
 

CSO286

Senior Member
Okay.

A long year is coming to an end with me trying to end my child support obligations to a woman I have only ever seen once, to be honest, I don't even think I slept with her.

In 2010 I defaulted on a court case summoning me to court for paternity, as a college student, I never received the court summons, and the trial proceeded without me knowing. Last year, I learned they began garnishing my wages for child support, and I was stunned and did not understand what was happening, further researched showed that I defaulted on a paternity case and I was being made to pay child support. Finally next month, after doing a legal DNA test with the courts, I am not the biological father ("0 percent possibility of paternity, I lack the genetic markers and alleles that is attributed to the child." - DNA Test) and I have paid thousands in support for a child that was never mine to a women I didn't even know.

Next month we are going back to court with her lawyer to end the paternity and child support, so her husband can adopt the child, leaving the other man she never told the courts about off the hook.

I am mad as hell, I want my money back and I want to know how to do it.

a. You didn't default, the case defaulted and proceeded due to your failure to appear. If all child support and paternity actions were put on hold until/unless the alleged father appeared in court, then almost all alleged fathers would never appear, in order to indefinitely postpone establishing paternity and having to pay child support.

b. You were most likely served either at a last known address or via publication, as Proserpina stated.

c. You would have been sent several notices from the point of you being named as an alleged father, up to court dates, notices of default, etc. Now, I get the whole " I didn't know I had a child, I never got any paperwork at all", because I work in child support and on rare occasions that actually does happen. But what I don't get, is all this happened in 2010. The fact that you have let it drag on this long can and has caused you more than a few problems.

It is likely that the courts will disestablish paternity based on your claim of not being served when combined with your DNA test proving you are not the child's biological father.

That being said, because you failed to act in any kind of prompt manner to disestablish paternity, it is highly unlikely that you will get back any of the support that was garnished from your wages.

I'm glad that her husband is in a position to adopt and I do feel you were treated unfairly by this girl, but the courts treated you no differently than any other (unfortunately very common) alleged father attempting to duck his responsibility.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top