Questions regarding letter received for Paternity test

16thDIMENSION · #1 09-03-2006, 11:39 PM

I recently received a letter in the mail unregistered from Virginia DCSE. The letter states i must be in Virginia at their district office to provide essential for the establishment or enforcemnt of child support i have been named as being the father of a child from 14yrs ago. I live in Florida and want to know some information if any can be provided by anyone here. This letter states that failure to appear will be considered contempt of the summons and actions including suspension or non-renewal of drivers license will be taken.
There is no way that i can nor will attend this administative summons because i work 2 jobs to supprt my family i have now that includes 2 children. I do not want to call the phone number listed due to all the things i have been reading about. Possibly blowing more smoke up my rear. Also, 14yrs!!! What the heck is this! Why would someone wait that long? Is there any stipulations on the length of time one has to do things like this? Among other things my current Fiance of my 2 daughter we have together is is in shock as well as i am. What to do about this? Do i need to get a lawyer or wait to be served to take a DNA test? There is no way that i can afford to pay for one myself at this time. Would i have to pay child support for that last 14yrs if this came back positive. Also should i be worried about a suspension of drivers license for not appearing or is this a scare tactic? Please help!!!!!

rmet4nzkx · #2 09-04-2006, 05:06 AM

Ignoring this can result in being declared the father by default and owing 14 years of child support without due process.
If you cannot appear, you can arrange to appear by telephone, you can also arrange to take the DNA test in your area at a lab approved by the court order or DCSS. You may also file to prove or contest paternity. How much you owe depends on whether or not you are proved to be the father or found to be the father by default. Different states have different rules for establishing paternity. Why might it have taken 14 years?
1. Mom may not have known where you were.
2. Mom may not know who was the father.
3. Mom may have been married or with someone else who supported the child and now because of divorce or breakup, stopped paying for the child.
4. Mom may have told welfare she didn't know who the father was to protect you or keep you from the child and is now being forced to declare a father in order to receive benefits.
5. Mom may have thought she could raise the child on her own and now needs help.
etc........
If proven to be the father you may file for custody and visitaition.
In general, if proven to be the father you may own child support back to the time of filing or as far back as when she/child received welfare or state aid.
If you signed an acknowledgement of paternity you may have already established paternity.

turbowray · #3 09-04-2006, 05:59 AM

I only know a few things here. If a person gets any type of assistance from the state, and they try to recover it from the alleged father, the father can request a paternity test, and the state that is trying to get the money back for the assistance that the mom recieved from them, will pay for it. I don't know if the state would chalk that fee on money due, if you were in fact found to be the father. A question I would have for rmet, because I do not know is, if he goes to court, and refuses to accept he owes child support because he claims he is not the father, would it be up to the ones trying to get child support, to prove that he is the father, and pay for the tests, or can a judge make the accused pay for it?

aaron · #4 09-04-2006, 08:18 AM

I would be interested to learn if there are any states which require the putative father to pay in advance for DNA testing in a paternity action, as that would present interesting due process issues. I would venture that more typically a court would assess the cost of testing against a man who is determined, after testing, to be the child's father.

turbowray · #5 09-04-2006, 02:04 PM

Quoting aaron

I would be interested to learn if there are any states which require the putative father to pay in advance for DNA testing in a paternity action, as that would present interesting due process issues. I would venture that more typically a court would assess the cost of testing against a man who is determined, after testing, to be the child's father.

Thanks for the answer aaron! I hope that means that this gentleman will not have to pay for the tests, unless he is found to be that father. I think that is exactly what you said, and exactly the answer I was looking for. Thanks again!

16thDIMENSION · #6 09-04-2006, 03:56 PM

So rmet. You are telling me that i should call this # and arrange a DNA test in my state so i do not become father by default? I wouldn't think something like this would be possible. By default they can make you father! Thats weird.

16thDIMENSION · #7 09-04-2006, 04:09 PM

Quoting rmet4nzkx

Why might it have taken 14 years?
1. Mom may not have known where you were.
2. Mom may not know who was the father.
3. Mom may have been married or with someone else who supported the child and now because of divorce or breakup, stopped paying for the child.
4. Mom may have told welfare she didn't know who the father was to protect you or keep you from the child and is now being forced to declare a father in order to receive benefits.
5. Mom may have thought she could raise the child on her own and now needs help.
etc........
If proven to be the father you may file for custody and visitaition.
In general, if proven to be the father you may own child support back to the time of filing or as far back as when she/child received welfare or state aid.
If you signed an acknowledgement of paternity you may have already established paternity.

1. Mother has always known where i was, or at least what county i was in.
2. I was told by her years ago that my name was never put on Birth Certificate because she had doubt.
3. She did get married to someone. We were never married.
4. I really don't think it would take 14yrs for Virginia to find me for $.
5. Maybe her Marriage went sour and her rich Parents got tired of taking care of her? Remember, this id the state trying to get $ not her from what i read in the letter. Why would they try to get money for the state for money they may have not gave her for the entire 14yrs.
Also i have never filled out or signed any papers designating me as a father.

Lemme know

aaron · #8 09-04-2006, 04:27 PM

Usually such a letter means that the state wants to recover money it spent supporting the child, in the form of public assistance.

rmet4nzkx · #9 09-04-2006, 04:28 PM

Quoting 16thDIMENSION

1. Mother has always known where i was, or at least what county i was in.
2. I was told by her years ago that my name was never put on Birth Certificate because she had doubt.
3. She did get married to someone. We were never married.
4. I really don't think it would take 14yrs for Virginia to find me for $.
5. Maybe her Marriage went sour and her rich Parents got tired of taking care of her? Remember, this id the state trying to get $ not her from what i read in the letter. Why would they try to get money for the state for money they may have not gave her for the entire 14yrs.
Also i have never filled out or signed any papers designating me as a father.

Lemme know

Your name on a birth certificate may or not mater, did you ever sign an acknowledgement of paternity?

She may have recently applied for welfare or gotten divorced.

You didn't want to pay child support so you didn't try to prove or disprove paternity, that is your fault, you knew the child could possible be yours.

They find men to be fathers all the time by defualt.

You don't know what is on the birth certificate only what she told you.

It doesn't matter if she knew where you were or if she knew what county you lived in.

Well you can ignore it and be found the father by default and possibly have to pay for years of back child support, lose your driver's license etc. Who knows maybe you are not the father and you can put it behind you, but you wouldn't know until there is a DNA test, what if you are the father, wht are you going to do?

TESSA Rogers · #10 09-04-2006, 07:17 PM

Sometimes letters such as the one you received are sent because the woman is applying for welfare and the worker wants to know whereabouts of the father of the children. The mother may have given more than just your name. If she gave several names, I doubt that several men will show up. I don't know if one state can ask you to appear in another state without paying your transportation. If you were married to the mother and the child was born during the marriage, it is considered your child whether you fathered the child or not. But if you were not married, then I don't think it's understood. A paternity test is then needed. Fourteen years is a long time. I would think the mother is applying for welfare. Call to find out.