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  1. #1
    Join Date
    Oct 2009
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    2

    Default Owe Child Support but DNA Test is Negative

    My question involves child support in the State of: Oklahoma

    My girlfriend at the time told me she was pregnant but it wasn't mine because she had cheated on me with her ex-boyfriend and it was his baby. He signed an affidavid of paternity but when she applied for DHS services she only listed me as a possible father. I was served papers by Oklahoma DHS child support enforcement ordering me to take a DNA test for the child. I didn't take the test so I was declared father by default and DHS started sending me a bill for child support. A few years later the child and two older siblings were taken from my ex by DHS child welfare and charged the mother with failure to protect. I, being father by default for one of the children was also charged. So when I had to go to court I asked the judge to place the one child in my custody. The judge ordered both me and the ex-boyfriend that had signed the acknowledgement of paternity form to take a DNA test. We were both tested and at the next court date I was told by the case worker the results determined the ex-boyfriend was the father. The case worker and the court records said I was dissmissed from the case. At this same court date the ex-boyfriend lost his parental rights. The mother lost her rights a litlle while later and within a year or so the children were adopted by the foster parents (2004). Last year my tax refund was intercepted by DHS child support enforcement so I started calling DHS to get it back. I told them about the DNA test and at first they denied it even existed. I have tracked down the test but DHS won't give me my money back and they said I owe them about $7,000 more. What do I do? Do I sue them or what? Who can help me?

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

    Default Re: Owe Child Support but DNA Test is Negative

    Quote Quoting tweaver
    View Post
    My question involves child support in the State of: Oklahoma

    My girlfriend at the time told me she was pregnant but it wasn't mine because she had cheated on me with her ex-boyfriend and it was his baby. He signed an affidavid of paternity but when she applied for DHS services she only listed me as a possible father. I was served papers by Oklahoma DHS child support enforcement ordering me to take a DNA test for the child. I didn't take the test so I was declared father by default and DHS started sending me a bill for child support. A few years later the child and two older siblings were taken from my ex by DHS child welfare and charged the mother with failure to protect. I, being father by default for one of the children was also charged. So when I had to go to court I asked the judge to place the one child in my custody. The judge ordered both me and the ex-boyfriend that had signed the acknowledgement of paternity form to take a DNA test. We were both tested and at the next court date I was told by the case worker the results determined the ex-boyfriend was the father. The case worker and the court records said I was dissmissed from the case. At this same court date the ex-boyfriend lost his parental rights. The mother lost her rights a litlle while later and within a year or so the children were adopted by the foster parents (2004). Last year my tax refund was intercepted by DHS child support enforcement so I started calling DHS to get it back. I told them about the DNA test and at first they denied it even existed. I have tracked down the test but DHS won't give me my money back and they said I owe them about $7,000 more. What do I do? Do I sue them or what? Who can help me?
    For now, forget what any caseworker, or even Judge has told you.

    Now, the only thing that means anything is exactly what has the COURT ordered?
    That, and only that is what counts.

  3. #3
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Owe Child Support but DNA Test is Negative

    You need to get an attorney to handle this for you. You may feel you can't afford it, but you've already paid some amount that you haven't stated and they want another $7,000. DHS SHOULD just correct their records and refund whatever you've paid. But, they won't.

  4. #4
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Owe Child Support but DNA Test is Negative

    I don't even know where to begin to try and find a lawyer. There are two other cases here in oklahoma that is simillar to mine. If anyone wants to read about ( Michael Thomas- Tulsa & Brande Samuels- Oklahoma city ) : http://newsok.com/in-trouble-because...ticle/3281266/ and http://mensnewsdaily.com/glennsacks/...ty-fraud-case/

  5. #5
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Owe Child Support but DNA Test is Negative

    Quote Quoting tweaver
    View Post
    I don't even know where to begin to try and find a lawyer.
    I frankly don't understand why you say that. You've researched and found a couple of cases. One or more attorneys are mentioned there handling this type of case. You could contact one. You could call your local bar and ask for a referral to a family law attorney specializing in the rights of an accused father. You could do web searches for family law attorneys in Oklahoma, look at their sites and contact the ones that you feel may represent you well.

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