[idontknow]

Here is my long story. There was a default child support judgment entered against me back in 1997 in Los Angeles County, CA. The service of process was faulty as the papers were served on a house where I no longer lived (I had moved out of state and the house was vacant). A default judgment was entered and child support was ordered. I did not have any knowledge of the proceedings until a few years later (maybe 1999).

In, 1999, the child support services people starting sending me bills at my new address in the new state saying I owed child support and that my license had been suspended. I didn't believe I was the dad because the girl was very untrustworthy and vindictive and had threatened to make me pay when I broke up with her. We had broken up just about 10 months prior to the childs birth. At the time, since I didnt believe I was the father and couldn't afford the payments, I didn't pay. They suspended my license. I tried to contact the court but they didn't care the original service was faulty- I needed to fight the default or accept it that I owe child support. I couldn't fight the default at the time as I was out of state and had no means to hire a lawyer or to travel back to CA. The arrears accumulated. I asked for and received the court paprs showing the default judgment and a copy of the birth cert with my name on it. is wasnt signed by me or the mother.

In 2001/2002, I started to get my life in order and started to look for the mother and child to get visitation at a minimum. I hired a lawyer to get my license back which involved paying some of the arrears up front and then monthly payments. I paid.

Then I found out the child had been in foster care since 1999 but the state of California, EVEN THOUGH THEY HAD MY ADDRESS AND WAS SENDING ME CHILD SUPPORT BILLS, they never told me. I also found out that my parental rights were terminated in 2002 (about 4 months prior to finding the child)WITHOUT THEM EVER SERVING ME WITH NOTICE- remember they had my address and could have told me, but they didn't.

I contacted the child's social worker and spoke for some time. She told me the child had been in foster care for 2 or so years with a good family, that she was happy, that they planned to adopt her, that it would be in her best interest to let them adopt her. She convinnced me that the child was better off becuase of numerous reasons so I didnt contest the adoption by the foster parents in 2002. Child support ceased but I still owed arrears. I started paying the arrears. At the time, I was told I would be able to have contact with the foster parents and the child at some time in the future.

Letters went back and forth for a while with the parents but I never got to talk to the child. The adoptive parents cut off communications with me about 2 years ago when I kept asking when they would tell her about me (they claimed that the experts said it wuld tramatize her if THEY brought my precense up to her and that they would only tell her IF and WHEN she asked).

Since there was no longer communication and there was never any with the child but I was still paying arrears, I thought I could extract myself from the situation by filing a motion to set aside the judgement of paternity. I thought if there was a paternity testshowing I wasnt the dad, then I could have some piece of mind. If it turned out I was the dad, I was ready to pay the support I owed. In any event, I thought the DNA testing might give the child the initiative to ask about who her dad was and then she'd know about me.

In February 2006, I made a motion to set aside paternity under the new law. In March 2006, the child support people got a continuance for DNA testing. I went in and was swabbed. The next hearing was in June. the state asked for another continuance because they couldn't find the child for DNA testing. I objected to the continuance and asked that the court find in my favor because the state failed to get the child tested- they couldnt find her as they moved out of state. The judge told me if it would not be smart for me to object because without the child's DNA test, I WOULD LOSE because there was no evidence .

I mentioned CA Family code section 7648.2 d which said that "if any person failed to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of paternity against that person or enforce the administrative order if the rights of others or the interest of justice so require." And I said to the judge that since the County failed to test the child, the court should grant my motion. The judge replied that that section is INAPPLICABLE to section 7446 (which is in the SAME SECTION).

The judge granted the County a continuance until October 2006. At the time he ordered the continuance, I requested that my payments for the arrears be suspended but he said that this is money that should have already been paid so I owe them and I'd have to continue to pay them until the hearing (3 months away). The hearing is today but I have not received ANY information from the state regarding the the dna testing or if they have even contacted the adoptive parents yet. I dont even know whether or not the child has been tested.

If the child has not been tested yet, How can I convince the court to set aside the judgment of paternity? (probably to late to be asking) If the county asks for a continuance, should I object and ask that my motion should be granted? I have looked at the Superior court rules for family court that say a continuance (contested) are required to be made 2 days before the hearing absent good cause. whats good cause? is unable to find the child good cause?

I think the adoptive parents dont want to test the child and might just be ignoring the county's request (if the parent were found by the county). It would be in the childs best interest to set aside the judgement for every reason in the book. Will the judge do that if the child's adoptive parent dont submit her (or dont want to submit her) to testing?

[rmet4nzkx]

If your hearing is today it is a little late to be asking questions, how can we guess how the judge will rule this time. Technically, it is the state collecting their child support for the hchld while in foster care. Did you petition the court to disestablish paternity in 1999 when you discovered that you had not been properly served? Please let us know how the court rules, then we can advise you of your options.