Signed AOP Despite Knowing I'm Not the Father, Now Being Asked to Pay Support

My question involves paternity law for the State of: Utah
About 3 years ago I became involved with a woman who was pregnant, long story short, I signed the Voluntary Declaration of Paternity, under pressure from her and her family, in order to keep the Biological Father off of the birth certificate and out of the child's life. He is currently in prison for a very long time on drug and firearms charges.
Now, at this point in time, 3 years later, and roughly 2 1/2 years after the child was born, the mother is coming after me for child support, and denied genetic testing through the Office of Recovery Services, (ORS) The case was then referred to the Utah Attorney General, who issued a Complaint for Support, backdated almost a year to when myself and the child's mother separated. I know that I have 4 years after the birth cert was filed with the Office of Vital Statistics to file a rescission of the VDP, but would rather avoid that and just get the Judge to order the mother to submit her child for DNA testing. Assuming the DNA testing is done and comes back that I'm not the father (I'm not, and I know it.) Could I still be forced to pay child support? Is there any way that I can show the Judge I'm not going to stupidly and blindly pay for someone else's child when I didn't want to be on the birth cert in the first place? I still need to file an answer with the court and the Assistant Attorney General in response to the Complaint for Support. What should I put in it?
To make matters either worse or more interesting, depending on how you look at it, all three of her children, from 3 different fathers, were surrendered to the State due to the fact that she is homeless right now. She has had her children removed from her before by the State, but managed to get them back the first time, and expects to get them back this time as well. I refuse to pay child support for a child that is not mine, knowing that my hard earned money will go to a lifetime welfare recipient so she can buy alcohol and drugs and pay the bills for whatever abusive scumbag she picks up next. :wallbang: Help!

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Quoting BadDecisions

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About 3 years ago I became involved with a woman who was pregnant, long story short, I signed the Voluntary Declaration of Paternity, under pressure from her and her family, in order to keep the Biological Father off of the birth certificate and out of the child's life.

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That's called the crime of "fraud", in case there was any question (this would have been explained in the fine print on the AOP form you signed).

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Could I still be forced to pay child support?

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Absolutely. That's the downside of committing fraud - it can come back to haunt you. Even if DNA shows you're not the biological father, the fact that you willfully held yourself out as such for a period of time EVEN THOUGH you knew you weren't, and for the purpose of circumventing the ACTUAL father's rights, can be enough for the court to decide that it's in the child's best interest to KEEP you as the father. Lots of courts figure that the parent who CLAIMED to be the father, wanting to tell that lie SO bad that they were willing to perjure themselves, and isn't in prison, able to work and pay child support, should REMAIN as the legal father (cause the dad in prison probably isn't gonna be able to pay much, yanno).

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Is there any way that I can show the Judge I'm not going to stupidly and blindly pay for someone else's child when I didn't want to be on the birth cert in the first place?

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That's the LAST argument the court is going to consider. YOU put yourself on the birth certificate - and that has consequences.

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I still need to file an answer with the court and the Assistant Attorney General in response to the Complaint for Support. What should I put in it?

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Start with "I knowingly and willfully committed fraud." They like to get that part out of the way right up front. Then, hire an attorney before you write anything else. Your odds of getting out of child support are going to be horrible - and if you try to do this on your own, those odds will drop to about zero.

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To make matters either worse or more interesting, depending on how you look at it, all three of her children, from 3 different fathers, were surrendered to the State due to the fact that she is homeless right now. She has had her children removed from her before by the State, but managed to get them back the first time, and expects to get them back this time as well.

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Not relevant to you paying child support, unless you plan to seek custody of the child and raise the child yourself (in which case you can seek support from her). If the child gets removed from her, you'd simply be ordered to pay whomever ends up raising the child or gets guardianship.

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I refuse to pay child support for a child that is not mine, knowing that my hard earned money will go to a lifetime welfare recipient so she can buy alcohol and drugs and pay the bills for whatever abusive scumbag she picks up next. :wallbang: Help!

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Then you should have refused to sign the birth certificate. Right now, you're on the hook for support because you put yourself on the birth certificate. That means you told the world that you're prepared for the both rights AND responsibilities of being parent to this child. The courts aren't now going to make the child destitute just because you now don't like the consequences of your lie - and with bio dad behind bars and mom possibly heading that direction, you're at the head of the line to be, and remain, responsible for the child's support. You need an attorney - BEFORE you file your answer.

AND if she's on certain types of State aid? You're going to reimburse the State.

I secured my own, non-appointed, paid Legal Representation, which is far more than she will have, and it's highly likely that the Attorney I have will surprise the court, as he is very well known in the area for being vicious in court. He has an excellent record in the family law area and extensive experience. I already feel much better about the whole thing.

Oh. Okay then.

Glad you're happy.

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Quoting BadDecisions

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I know that I have 4 years after the birth cert was filed with the Office of Vital Statistics to file a rescission of the VDP....

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If by "four years" you mean "sixty days"....

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Quoting Utah Code, Sec. 78B-15-306. Proceeding for rescission.

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(1) A signatory may rescind a declaration of paternity or denial of paternity by filing a voluntary rescission document with the Office of Vital Records in a form prescribed by the office before the earlier of:

(a) 60 days after the effective date of the declaration or denial, as provided in Sections 78B-15-303 and 78B-15-304; or

(b) the date of notice of the first adjudicative proceeding to which the signatory is a party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that establishes support.

(2) Upon receiving a voluntary rescission document from a signatory under Subsection (1), the Office of Vital Records shall provide notice of the rescission, by mail, to the other signatory at the last-known address of that signatory.

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I suspect you heard something about bringing a court action to challenge the AOP after the period for rescission has expired.

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Quoting Utah Code, Sec. 78B-15-307. Challenge after expiration of period for rescission.

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(1) After the period for rescission under Section 78B-15-306 has expired, a signatory of a declaration of paternity or denial of paternity, or a support-enforcement agency, may commence a proceeding to challenge the declaration or denial only on the basis of fraud, duress, or material mistake of fact.

(2) A party challenging a declaration of paternity or denial of paternity has the burden of proof.

(3) A challenge brought on the basis of fraud or duress may be commenced at any time.

(4) A challenge brought on the basis of a material mistake of fact may be commenced within four years after the declaration is filed with the Office of Vital Records. For the purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital Records prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.

(5) For purposes of Subsection (4), genetic test results that exclude a declarant father or that rebuttably identify another man as the father in accordance with Section 78B-15-505 constitute a material mistake of fact.

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There was no duress. There was no "mutual mistake", no mistake at all - you knew you were falsely claiming to be the father. And in every jurisdiction I've looked at, the "fraud" they're taking about is a fraud against the petitioner, not a fraud against the court or state by the petitioner. In short, unless mom cooperates with your petition and lies on your behalf, I'm not seeing your avenue to relief.

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Quoting BadDecisions

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Assuming the DNA testing is done and comes back that I'm not the father (I'm not, and I know it.) Could I still be forced to pay child support?

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It appears from your prior comments that you requested DNA testing through the Office of Recovery Services and that your request was denied. The A.G. may take a similar stance. But yes, you could have DNA testing, be found not to be the father, and still have to pay support.

If you don't want to pay support, and don't want the mother raising your child in a bad environment, you can seek custody.

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Quoting Dogmatique

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Oh. Okay then.

Glad you're happy.

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LOL I wasn't trying to be disagreeable. The post earlier about the need for an attorney got me a bit worried, so I called in the big guns. He's far from cheap, but said there's a good chance this can be resolved without ever setting foot in a court room. I think several thousand is well worth not having to pay tens of thousands or even hundreds of thousands of dollars in child support, not to mention a potential of 20 or more years of contact with that detestable woman. Thanks for all of your input guys, I appreciate it!

I think you're being fed a load of horse puckey, but that's just me.

I guess the idea is that the stars would align something like this: Mom agrees to lie for the legal father, such that he can raise a statutory defense to the AOP despite the passage of time. Then either the father The biological father agrees to DNA testing. The state agrees to pursue DNA testing against the legal and putative fathers while holding further court proceedings in abeyance. Then, based upon mom's lies and the new DNA test results showing that the inmate is the biological father, mom and the state ask the court to disestablish legal paternity predicated upon the AOP and declare the inmate to be the child's father. I wouldn't say there's a "good chance" of that happening, any more than I would say that I have a "good chance" of winning the lottery tomorrow, but I guess it's a matter of opinion. Or perhaps it's that I'm not trying to get a retainer from somebody. One or the other. ;) If he has an ace up his sleeve, I would like to hear about it.

He's got something cooking, he's seeking attorney's fees in the responses to the court, and told me the odds are I won't end up paying him a dime. Perhaps the Ace up his sleeve is 30+ years working with the same judges, secretaries and attorneys? I'm a "model citizen", I pay taxes, I vote, I participate in local Government, I served in the U.S. Military, I own a small business and I hold various other certificates, licenses, awards and commendations. I have no criminal history and even lack a single blemish on my driving record. I'm in a paternity case against a never-married mother of 3 who has been on welfare her entire life, has never had more than a minimum wage, part-time job, has had multiple run-ins with Child Protective Services, has two siblings and two parents with extensive criminal histories and is on a first name basis with the local police and court employees for all the wrong reasons. This is how my attorney presented it to me, telling me not to worry about a thing, it's as good as won. I trust him and his experience, and as soon as I find out what the Ace up his sleeve is, I will be sure to let you guys know. You all seem interested enough, given the fact that there have been multiple replies. I'll keep you updated.