• 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.

Unfinished DNA testing still paying child support

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

Jduggan1991

Junior Member
What is the name of your state (only U.S. law)? Michigan. I was accused of being the father of a child. I called to schedule a DNA test. I took the dna test and asked if I had anything else to do I was told to wait until the results were in. I waited about a month and I received notice that since I didn't attend a court date (I didn't know about ) that's I am considered the father and that the child didn't even take the dna test. So now I have to pay child support without proof of paternity. What do I do now?
 


justalayman

Senior Member
without knowing more, my best guess would be to appeal the decision.

how paternity suits typically work is:

mother files suit

putative father is sent complaint and ordered to submit to a dna test

the court may schedule a hearing in anticipation of when the results are expected or they may wait until the results are actually back

If the results show paternity, then the rest is a given. If they show no paternity, the putative father should not even have to return to court unless there are some extenuating circumstances that would allow a court to name him father even with a negative test.


so, you say you were not notified of a hearing; have you checked the court records to review how you were supposedly informed of the hearing?
 

Jduggan1991

Junior Member
They told me they mailed it to me... but it was mailed to my old address and I did not receive it. There was no proof of paternity... they didn't even compare my dna to the child. So now do I have to get a lawyer or just schedule a meeting with the prosecuting attorney with the case?
 

Proserpina

Senior Member
They told me they mailed it to me... but it was mailed to my old address and I did not receive it. There was no proof of paternity... they didn't even compare my dna to the child. So now do I have to get a lawyer or just schedule a meeting with the prosecuting attorney with the case?

So they used your last known address. That's generally considered proper service.

They didn't compare the DNA? How was that worded?
 

justalayman

Senior Member
They told me they mailed it to me... but it was mailed to my old address and I did not receive it. There was no proof of paternity... they didn't even compare my dna to the child. So now do I have to get a lawyer or just schedule a meeting with the prosecuting attorney with the case?
how did they get your last known address and how did you receive the original complaint, presumably mailed to your last known address, and you didn't receive the notice of the hearing, at your last known address?
 

Jduggan1991

Junior Member
Since I missed the court date the prosecuting attorney told me the judge told the mother that there was no need for the child to be tested that I am liable for child support now. The mother told my mom on facebook actually that I needed to go do a DNA test
 

justalayman

Senior Member
Since I missed the court date the prosecuting attorney told me the judge told the mother that there was no need for the child to be tested that I am liable for child support now. The mother told my mom on facebook actually that I needed to go do a DNA test

so now things are very different.

so the ONLY contact from the court was the summons to a hearing that you claim to never have received?

How did they have your old address and not your new address?
 

justalayman

Senior Member
so how were you notified you were found in default and named the father of the child?



and to the dna test; was it coordinated through the courts?
 

Jduggan1991

Junior Member
When I called the prosecuting attorney about the dna test they asked me my address so I told them... then they sent me the notifications about the default paternity
 

Proserpina

Senior Member
Well, I'm not playing dentist all night, no offense.

Contact an attorney first thing tomorrow to see what your options are.
 

davew128

Senior Member
1) There is no prosecuting attorney, this isn't a criminal matter.
2) STOP TALKING TO THE PLAINTIFF's ATTORNEY, he is representing an adverse party in the matter.
 

Find the Right Lawyer for Your Legal Issue!

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