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  1. #1
    Join Date
    Jul 2008
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    1

    Question Still Being Held Responsible for Arrears After DNA Test Says Child is Not His

    My question involves child support in the State of: New York

    Long intro story short...My dh was no angel in is past. Years before we ever got together, an woman he knew in hs accused him of fathering a child. Instead of dealing with the whole issue at the time, dh stuck his head in the sand, and eventually just packed his bags and moved out of state, avoiding dealing with the situation. Fast foward to 2001 - he and I meet, we get together, and in the process of cleaning of decade old speeding tickets, we find that drivers licesnse has also been suspended for failure to pay child support. Imagine the can of worms this opened - we had barely been together a year, and had just rented a house together. Meanwhile, dh's wages were being garnished for upwards of $100 a week, for a 13 year old that he had never met.

    In that past 7 or so years, we hav filled out form, after form, after form, attending hearings, as the mother was constantly filing for cost of living adjustments. We were getting nowhere. We borrowed $2,5K from my parents about 3 years ago to hire an attorney to get us a DNA test and to vacate the order requiring my dh to pay support. We, with the help of a lawyer were successful in getting the DNA test, and the child is NOT his. Since that time, we have been battle with Dept. of Social Services over the arrears. According to them, dh still has to pay the arrears regardless of the fact that DNA proves tht child is NOT his. We have dealt with assest seizure as well a tax warrents. We are confused as to why he should be held responsible for these arrears, as this child was and is NOT his.

    The latest and greatest is that his license has been suspended because of failure to pay, even though he has a weekly garnish of his wages. We have hit a road block. We don't know what to do, and hiring an attornery is just financialy impossible right now.

    Any tips/suggestions of what we can do would be greatly appreciated.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Still Being Held Responsible for Arrears After DNA Test Says Child is Not His

    Quote Quoting DJsWife
    View Post
    My question involves child support in the State of: New York

    Long intro story short...My dh was no angel in is past. Years before we ever got together, an woman he knew in hs accused him of fathering a child. Instead of dealing with the whole issue at the time, dh stuck his head in the sand, and eventually just packed his bags and moved out of state, avoiding dealing with the situation. Fast foward to 2001 - he and I meet, we get together, and in the process of cleaning of decade old speeding tickets, we find that drivers licesnse has also been suspended for failure to pay child support. Imagine the can of worms this opened - we had barely been together a year, and had just rented a house together. Meanwhile, dh's wages were being garnished for upwards of $100 a week, for a 13 year old that he had never met.

    In that past 7 or so years, we hav filled out form, after form, after form, attending hearings, as the mother was constantly filing for cost of living adjustments. We were getting nowhere. We borrowed $2,5K from my parents about 3 years ago to hire an attorney to get us a DNA test and to vacate the order requiring my dh to pay support. We, with the help of a lawyer were successful in getting the DNA test, and the child is NOT his. Since that time, we have been battle with Dept. of Social Services over the arrears. According to them, dh still has to pay the arrears regardless of the fact that DNA proves tht child is NOT his. We have dealt with assest seizure as well a tax warrents. We are confused as to why he should be held responsible for these arrears, as this child was and is NOT his.

    The latest and greatest is that his license has been suspended because of failure to pay, even though he has a weekly garnish of his wages. We have hit a road block. We don't know what to do, and hiring an attornery is just financialy impossible right now.

    Any tips/suggestions of what we can do would be greatly appreciated.
    He can gather up all of the court orders and contact his senator or legislator. Quite often they can help. It will most likely take hiring an attorney though.

  3. #3
    Join Date
    Jun 2008
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    It depends...
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    123

    Default Re: Still Being Held Responsible for Arrears After DNA Test Says Child is Not His

    I may be wrong, but if he ignored the summons for the original child support hearing, then I believe that he is still responsible for the arrears arising from that hearing. That was the time to challenge paternity.

  4. #4
    Join Date
    Aug 2008
    Location
    Ohio
    Posts
    23

    Default Re: Still Being Held Responsible for Arrears After DNA Test Says Child is Not His

    Quote Quoting queenie2
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    I may be wrong, but if he ignored the summons for the original child support hearing, then I believe that he is still responsible for the arrears arising from that hearing. That was the time to challenge paternity.
    Its really funny how that works out. How is that legal? Why should he be charged with support for a child that isn't even his? How does that not count as black mail and extortion by the government?

  5. #5
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Still Being Held Responsible for Arrears After DNA Test Says Child is Not His

    Quote Quoting tabletopphoto
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    Its really funny how that works out. How is that legal? Why should he be charged with support for a child that isn't even his? How does that not count as black mail and extortion by the government?
    The reason that it's legal is because the father was served with notice. Instead of going to court and defending himself, he unfortunately chose to ignore the situation. When he did that, the court made findings of apternity and CS by default. That is not blackmail or extortion.

  6. #6
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Still Being Held Responsible for Arrears After DNA Test Says Child is Not His

    One thing you will see under the law is that a person may be held legally responsible for the child, notwithstanding the fact that a DNA test proves he is not the biological father, if a relationship with the child has existed for several years, the rationale being it would be adverse to the best interests of the child to sever the relationship.

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