Anyone know Where would this come from??

Discussion in 'Parent Emeritus' started by KFld, Feb 26, 2007.

  1. KFld

    KFld New Member

    difficult child called yesterday to say that a sheriff served him papers saying he has to go to court next month. I'm not clear what it's about because he read it but I couldn't really understand it. I probably have to see it myself. Sounds like it's for child support. I don't understand if they just did the dna testing and they don't have the answer yet.

    Does this mean that she got a lawyer because he wasn't paying child support before they even got the test, or would DSS do this themselves. Sounds like something she would do.

    Anyone know anything about this.
  2. Suz

    Suz (the future) MRS. GERE

    No idea, Karen. Is he named on the birth certificate as the Dad?

  3. KFld

    KFld New Member

    No his name is not on the birth certificate, but she did name him with the state as the father. They had to wait until this was done to even schedule the paternity test, so I'm just wondering what she's trying to pull. Wouldn't she have had to report that he wasn't paying child support for them to serve him like that. So now he has to go to court for no reason because they just did the test and who knows if they will even have the results by then.
  4. Suz

    Suz (the future) MRS. GERE

    Maybe it's scheduled for next month to allow time for the dna testing to come back and prove or dis-prove his paternity? If it's no, hopefully the court will dismiss it...and if it's proven that he's biodad then they are just a step up to starting child support payments.

    Just a guess. If you called the courthouse would they tell you anything? Might be worth a call, tho.

  5. hearthope

    hearthope New Member

    If she is getting a check from the state, she had to name a father. They may not be aware of the dna testing.

    They may be doing routinue work in searching for a father to pay support.
  6. hearthope

    hearthope New Member

    In our state, the paper work required in order to get a check requires naming a father. The state then begins an active search.

    She more than likely gave them his name and address and it has taken this long for all the paper work to be done to get the court date for him.
  7. DammitJanet

    DammitJanet Well-Known Member

    HH is correct. I am betting that the timing is to allow the DNA test to come back at which point they will be able to prove or disprove paternity. If it is his, they will set the child support payments.
  8. HereWeGoAgain

    HereWeGoAgain Grandpa

    I'd say the others are correct. Most states are very aggressive about collecting child support for mothers on state assistance. They'll go after whoever the mother names and it's up to him to prove that he's not the father. I'm not a lawyer but I've spent time in family court and I believe that even if not the bio father, if they were married or he was common-law husband, they may still require him to pay support. He needs a lawyer.

    My ex lost her job and went to DHS claiming three children living with her and me as the father, even though my two lived with me and the third I'd never even seen. She told me she'd let it be assumed that all three were mine because she was afraid of both of the possible candidates for the actual paternity of the the other baby. I told her I was going to get my lawyer to throw the book at her; she withdrew her first app., submitted another for just the third child. Don't know who she named on the new app.
  9. KFld

    KFld New Member

    he's only 19 and they have never lived together, so if the dna test comes back saying he's not the father, then he won't owe anyone anything. He went for his on the 16th of this month and her and the baby went on the 22nd. We're just waiting for the results, that is why I'm surprised he got this now. I would think they would wait until DSS tell them the results of the paternity test.
  10. DammitJanet

    DammitJanet Well-Known Member

    It may be that they set the court date when the testing is done. I dont think that them living together has anything to do with it except that if they did live together, he wouldnt owe support because she wouldnt be eligible for a check. The baby would probably still be eligible for medicaid because of income limits.
  11. Loris

    Loris New Member

    It's my guess that the others are right. In California it's done that way, becuse they want it on the court docket to expediate funds coming in. My ex sister in law did this to my brother the same way.
  12. witzend

    witzend Well-Known Member

    DSS does this automatically. That's when he needs to prove or disprove paternity.
  13. witzend

    witzend Well-Known Member

    Karen, the tests are so quick these days, he could have the results in less than a week.
  14. saving grace

    saving grace New Member

    Are you sure it is for child support? Could it be for anything else? something that happened in his past or as a witness for something?

    When I was young and my son was born I also had to name a father in order to get assistance, they did go after him but only after they tried to contact him and he went into the office to fill out papers then he was brought to court to be ordered to pay, also he was NOT named on the BC. He was never "served" papers though.

    Is there someone he can call to see what it is about?

  15. KFld

    KFld New Member

    The letter names the baby and something about paternity and child support, but he's not really clear on what it says. My husband is seeing him today and I told him to bring the letter home so I can read it for myself.
  16. Hound dog

    Hound dog Nana's are Beautiful

    I'm a bit surprised, too. Especially since he wasn't named on the birth certificate. But some states are really aggressive about child support.

    But difficult child shouldn't be required to pay until it's proven by DNA that he's the bio father. So I'd not worry for now.

    The wait is driving me crazy. :surprise: I don't know how you're standing it. lol
  17. KFld

    KFld New Member

    Somebody at work told me today that since the DNA test was court ordered, that the court appointment is normal. They probably know that by the time of the court date, the test will be back and if it's his, they will set up child support, if not they will cancel the court date.

    Who knows??? Just another wait and see. Of course the date he has to go to court me and husband will be in Florida, but at least this time he's not going to court on any kind of arrest charge for a change!! so he'll have to go it on his own.
  18. KFld

    KFld New Member

    I also wanted to add that I was out with my best friend last night and we got to talking about if this baby is his, how will I handle having a relationship with wingnut again and it brought up so many memories of the things she used to do and the boundary issues and I'm getting really anxious about having to deal with her in my life again. This is a long long week!! and it's only Tuesday!