Kansas Paternity and Support issue

[Roscleo]

My husband is has been summoned to court for child supprt in CA the mother lives in Utah and collected state aid while my husband was paying child support and claimed he was not paying. The child was born in Kansas and my husband has paid back the state of Kansas over 5,600 in past child support because she said he wasn't paying then either. The issue is she has made many statements regarding my husband paternity of the child and now we want a DNA test done. The problem is the state of Kansas said paternity was established when they sent the summons and never gave my husband a chance to question the paternity or ask for a DNA test. My husband has only seen this child twice in the past 7 yrs because she won't let him see him. The child is 7. Under Kansas law what are the laws for paternity? Shouldn't he have been given a right to contest paternity? Is it to late now? My husband is an E-5 in the military and now she wants 569 a month so she does not have to work. We are already living pay check to pay check and paying for the lawyer is killing us financially. Any responses would be greatly appreciated.

 

[Grace_Adler]

I have a link for you to check out. Go to http://polisci.com/web/slegis.htm
then click on the Kansas one.
then when you get to that site click on statutes, then type in paternity under search and it should pull up the laws regarding this. Hope it helps.

 

[TxStep]

I checked the statute of limitations on establishing paternity in Kansas, Utah, and California. It is until the child is 18 in all three states. Did your sign an affidavit of paternity? If he has signed a document stating that he is the father, then he will have to go to court to get a paternity test done. He would have to initiate the court proceedings because he is presumed to be the father if he signed the birth certificate or affidavit of paternity. If he signed neither of these things, then he has a right (in fact the state should automatically do this) to request a paternity test proir to any CS orders.

Check out this link. It has a lot of good information about CS for every state.

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

 

[Shannon&Fuad]

When the alleged father is served with the child support order included is a Written Statement of Paternity identifying the alleged father(s) signed and filed by the mother of the child. The alleged father has the right and the chance to contest to the paternity, in which case the Child Support Recovery Unit would then schedule a paternity test to be performed. If he did not contest to the paternity within the time that the Child Support Recovery Unit allowed, then he was legally named the childs biological father and he may have also been named the father of the child on the birth certificate. Contact the Vital Records Department in the county that the child was born and request to view the birth certificate and if he is named the father on the birth certificate he will be allowed to receive a copy of the birth certificate certified or non certifed. Also contact the Child Support Recovery Unit in which where the child support order is entered and request to receive copies of the child support order, written statement of paternity from the mother, and all of the notices that they claim they had served him with. Since he has been named the legal father of the child through the court, he will need to hire an attorney to establish paternity, the paternity test does not have to be performed in the same location, they can schedule a paternity test for him in his place of residence and for her in her place of residence and the samples will be sent to the same lab. If he is proven not the biological father of the child, request your attorney to have the paternity between him and the child disestablished, all child support obligations and income withholding orders satisfied, and all unpaid (delinquent) child support satisfied! You will also need to contact the Vital Records Department and show proof of the order to disestablish paternity so that he can be removed from the birth certificate. If he is proven to be the biological father of the child, file for joint custody or visitation rights, and support the child! Shannon&Fuad

 

[Roscleo]

Thank You for your replies. We have since found out that yes he is on the birth certificate and the Kansas court said he was served residentially but he never was served. Our lawyer said the only way to get the DNA test done was to get the old judgment in kansas set aside, which we need to hire a kansas lawyer to do. Believe me if he is the father of that child we will be going back to court for joint custody and to request that he stay with us the majority of the year since she has commited welfare fraud and we have reported it in 2 different states I feel we have a good case. Besides she refuses to work. My husband has a stable income in the military and if my husband is the father he deserves to have a bond and relationship with his father.

 

[Shannon&Fuad]

Before you do anything, contact the Child Support Recovery Unit where the child support order is entered and request to receive copies of the Written Statement of Paternity alleging him to be the father of the child that was filed by the mother, the child support order, and all of the documents that they claim they served upon him.
What do you mean get the old judgment set aside?
If you are referring to the child support order, that will never be set aside until paternity is established and if he is proven not the biological father of the child, paternity is disestablished, and an attorney in the state that you reside can have her ordered with a paternity test! Get a second opinion from another attorney!
Also, if he is proven to be the childs father and he can prove the mother unfit, file for full custody of the child and she will then be ordered to pay him child support!

 

[Roscleo]

I am sorry I wasn't very clear. The judgement we need to get set aside is a judgement from Kansas from 96' she claimed my husband wasn't paying support so the state went after him in 96'. He paid all of the money back to the state of Kansas because he was young and niave and didn't keep track of all the money orders. That judgement has been all paid off. The kansas attorney is going to look into the whole process since he never received any support order from them or a petition or summons only the judgement way after the fact. That judgement needs to be set aside because of the fact that he signed the birth certificate the court said paternity was established. In Ca the codes say that if Paternity has been esablished by another state they will uphold that desicion. Since he never received the chance to reply to the courts and never got served, in addition to fact that he falls under the soldiers and sailors civil relief act they should have provided an attorney in his absence to defend him, which they didn't. The Kansas attorney is going to get all of the paper work about the petition from the child support agency to find out where they said he was served who served him and all the paperwork on the case. In the judgement they said he was residentialy served in kansas by the Sheriff. He has never lived in kansas and has no family living in kansas. Sorry this is so long and I hope some of this makes sense. I just feel like this is one huge mess we need to unravel. You are right we should just go for full custody she is obviously unfit.. thank you

 

[Shannon&Fuad]

He acknowledged the child's paternity and assumed resposibility as the child's biological father when he signed the birth certificate, or in this case since the child was born out of wedlock, an Affidavit of Paternity. You do not have to hire an attorney to request copies of the documents of the case, child support order, or any documents that they claim they had served him with, simply contact the Child Support Recovery Unit where the child support order is entered and request these documents, if you hire an attorney for these documents then you are only wasting alot of money! How did they collect child support payments? If an income withholding order was entered and the payments were garnished from his check, then the proove of the payments would be on his check stub, if he does not have them then he can contact the place he was employed and request copies of all of his check stubs and what was garnished from his checks, and there is the proof that he was making payments and he should be reimbursed for paying delinquent child support because his payments were in fact not delinquent!

 

[Shannon&Fuad]

My fiance was in a simular situation to yours only they lived in the same state (Iowa) and diffrent counties, and he has been proven NOT the biological father of the child after paying child support for a year. Read my post Wrongfully Collected Child Support, you won't believe what you read and I am sure that you will have many questions about our situation, so feel free to ask! Shannon&Fuad

 

[Roscleo]

An order was never issued only a judgement for past support. Now though since we are going back to court he does have the proof he has been paying by allotment directly to her through allotment so she can't get him for past support this time.

 

[Grace_Adler]

Ya'll have some screwed up laws. Here the mother can put Bill Clinton on the Birth Certificate and swear to it till the end of time but he will not be recognized as the father until Paternity is done or unless he signs an affadavit of Paternity stating he is the father at the time of birth. Which you have like 30 or 60 days to contest it. This of course is only if the couple is not married. If you're married the law says here you are automically the father unless you pay for a paternity test to prove otherwise. However, if they tried to serve him with papers, and it usually doesn't matter to the court if you got them or not, if they have a hearing or whatever you call it and it's not contested then I suppose he would be automatically assumed the father. I think this sucks because it allows too many women to go after whoever they want for support, then they end up lying to the child who the father is and prevent both from having a relationship.

 

[Shannon&Fuad]

What I am meaning to say is that if.....
the Child Support Recovery Unit served him with the Written Statment of Paternity alleging him to be the biological father of the child and the child support order, then the Child Support Recovery Unit would have reciepts of all of the documents and he may request copies of all receipts at any time without legal representation.
If he now has the proof that he was making child support payments and they were not delinquent, he should present that proof to the court and order her to reimburse him for the monies that she had collected for delinquent child support.
ALL OF THIS should not be discussed until paternity is established though.
If he is found NOT the biological father of the child, then you should hire an attorney and have paternity disestablished so that he is no longer named the child's father, and have all child support obligations and income withholding orders terminated sot that he does not have to worry about paying child support if he is not the child's biological father while worrying about that. FIRST have the paternity test performed and if he is not the childs father then he won't have to worry about paying child support, or if he is no longer making payments he won't have to worry about delinquent child support accruing any longer.

 

[Grace_Adler]

I'm copying and pasting this..I don't know if it will help. I could be wrong but from the way I'm reading this in order to be declared the father he would have had to have signed something or been married to her.

65-2416
Chapter 65.--PUBLIC HEALTH
Article 24.--UNIFORM VITALSTATISTICS ACT
65-2416. Certificates as evidence; reproduction of records; certification. (a) Certificates filed within six months after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data therein pertaining to the father of a child are prima facie evidence only if the alleged father is the husband of the mother, or if the father has consented in writing that the father's name be entered as the father on the certificate as provided in K.S.A. 65-2409, and amendments thereto; if not, the data pertaining to the father of a child are not evidence in any proceeding adverse to the interest of the alleged father, or of the alleged father's heirs, next of kin, devisees, legatees or other successors in interest, if the paternity is controverted.

 

[Shannon&Fuad]

Reply to Grace_Adler.....

In some states the mother may name the father of the child on the birth certificate without him present or without him acknowledging that he is in fact the child's father, but the Vital Records Departments sends him notice that his name was added to the birth certificate as the father. And in any case when a man is ordered to pay child support he has the right and the chance to contest to the paternity.

 

[Grace_Adler]

I found something else. Go to the link I put up above, then click on Kansas Legislature, go to search and put in paternity. These are a couple of interesting Chapters about paternity I think you might want to read.

Statute # 38-1114 Ch. 38- Minors Article 11 Determintion of Parentage. (This is a good one)

It mentions that paternity is presumed if the father signs consent that he is the father but then it says he can be put on the birth certificate with his consent. Usually they make you sign an affadavit at the time of birth acknowledging paternity.

Statute # 59-2136 Ch. 59 Probate Article 21 Adoption
This one also mentions paternity and how the court has to notify people by certified mail of the proceedings.

I don't understannd how they're getting away with just declaring him the father. Unless there is something I'm missing here.