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Old 08-01-2017, 07:35 AM
 
8,170 posts, read 6,018,431 times
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Quote:
Originally Posted by 2mares View Post
I totally agree.
And totally negating the fact that in the courts eyes, because HE DID NOT DISPUTE IT, he was the other legal parent for all those years...Totally makes those years of support his responsibility to pay. Now had he stepped up and disputed it many years ago at the time of the first garnishment, the bio parent could have been easily been made the legal parent paying child support and he would have been off the hook.

But the mother should not take the brunt of the financial cost of the child because he neglected to take care of his own business for many years.
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Old 08-01-2017, 07:38 AM
 
36,224 posts, read 30,664,456 times
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Quote:
Originally Posted by LowonLuck View Post
It does say paternity is established by a DNA test or signing a document stating that you are accepting that you are the parent.

My own case was court ordered DNA testing, even though my ex was on the birth certificate and signed the letter in the hospital. The judge did not order child support until after he had the paternity test results.
Yes paternity is established that way. It does not say nor is it a law that unless contested by the presumed father a DNA test to prove paternity is mandatory.
IF a man did not sign a birth certificate or affidavit AND CONTESTS paternity, the court must grant a DNA test. Unless he is present at the court hearing AND CONTESTS there does not have to be a positive DNA test in order to give a judgement for child support.

Perhaps your ex asked for a DNA test anyway just to be an arse.
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Old 08-01-2017, 07:42 AM
 
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My brother became a father when he was a teenager. I had the child tested within weeks of birth to verify that my brother was indeed the biological father. And the child without a doubt was a spitting image of my daughter and myself. This was prior to signing or paying anything. It is called taking care of ones business.
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Old 08-01-2017, 07:52 AM
 
8,170 posts, read 6,018,431 times
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Quote:
Originally Posted by 2mares View Post
Yes paternity is established that way. It does not say nor is it a law that unless contested by the presumed father a DNA test to prove paternity is mandatory.
IF a man did not sign a birth certificate or affidavit AND CONTESTS paternity, the court must grant a DNA test. Unless he is present at the court hearing AND CONTESTS there does not have to be a positive DNA test in order to give a judgement for child support.

Perhaps your ex asked for a DNA test anyway just to be an arse.
You are not comprehending...Let me try to show you this again.

A child support order is not granted without establishing paternity.

If you were not married at the time your child was conceived or born, your child support office will help you establish paternity. Establishing paternity is important for several reasons:
It will establish a father-child relationship, enable your child to benefit from that relationship, and strengthen your child’s sense of identity
It will allow the father’s name to be listed on the child’s birth certificate
It will give the father the right to seek child custody and visitation through a court action and to be consulted about adoption
It will give the child the right to important benefits from both parents; such as financial support, inheritance, social security veteran’s benefits, life insurance and health insurance
It will make it easier for the child to learn the medical histories of both parents and to possibly benefit from medical insurance through a parent’s employer, union or military service
Paternity must be established before the court can order child support
If the father acknowledges paternity, it is not always necessary to have a court trial.
Either parent may apply for paternity establishment without filing for child support. To have an application mailed to you or for further information, contact Customer Care Center


How long does it take to establish a child support order?
Generally, a child support order will be established within 90-180 days. Several factors may delay the establishment process: the noncustodial parent lives out of state, cannot be located and served with a summons, is incarcerated, fails to appear for a settlement conference or a court hearing, or if there are problems verifying income. If the parents are willing to cooperate with each other and can provide all necessary and useful information at the beginning of the case, the case can be registered more quickly and proceed to a hearing or agreement quickly.


So if they cannot find the person, and establish paternity, they do not order child support.
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Old 08-01-2017, 07:54 AM
 
36,224 posts, read 30,664,456 times
Reputation: 32498
Quote:
Originally Posted by LowonLuck View Post
And totally negating the fact that in the courts eyes, because HE DID NOT DISPUTE IT, he was the other legal parent for all those years...Totally makes those years of support his responsibility to pay. Now had he stepped up and disputed it many years ago at the time of the first garnishment, the bio parent could have been easily been made the legal parent paying child support and he would have been off the hook.

But the mother should not take the brunt of the financial cost of the child because he neglected to take care of his own business for many years.
Unfortunately that is how the courts currently see it. Doesnt make it right and IMO that needs to change and perhaps he will win this case and set precedence. Whether or not the guy got the subpoena or noticed three $31 deductions over 16 years I don't know. I know it is possible to not know you have a court date.
The mother chose to have this child. As far as we know she did not keep in contact with the man she believed to be her child's father, she did not attempt to establish a parental bond with the man she believed to be her child's father. She did not actively try to get CS for years for her child. She is as much to blame for neglecting to take care of this "business". Why should she not take the brunt of financial cost of her child over a stranger who is not even the biological father of this child?
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Old 08-01-2017, 07:56 AM
 
8,170 posts, read 6,018,431 times
Reputation: 5963
Quote:
Originally Posted by 2mares View Post
Yes paternity is established that way. It does not say nor is it a law that unless contested by the presumed father a DNA test to prove paternity is mandatory.
IF a man did not sign a birth certificate or affidavit AND CONTESTS paternity, the court must grant a DNA test. Unless he is present at the court hearing AND CONTESTS there does not have to be a positive DNA test in order to give a judgement for child support.

Perhaps your ex asked for a DNA test anyway just to be an arse.
Nope it was required by the judge as we were not married to one another. I technically was just divorced from my ex husband and the hospital wanted to list my ex-husband on the birth certificate, because the divorce was not yet even in the system. If married, the father is always presumed to be the husband.
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Old 08-01-2017, 08:02 AM
 
8,170 posts, read 6,018,431 times
Reputation: 5963
Quote:
Originally Posted by 2mares View Post
Unfortunately that is how the courts currently see it. Doesnt make it right and IMO that needs to change and perhaps he will win this case and set precedence. Whether or not the guy got the subpoena or noticed three $31 deductions over 16 years I don't know. I know it is possible to not know you have a court date.
The mother chose to have this child. As far as we know she did not keep in contact with the man she believed to be her child's father, she did not attempt to establish a parental bond with the man she believed to be her child's father. She did not actively try to get CS for years for her child. She is as much to blame for neglecting to take care of this "business". Why should she not take the brunt of financial cost of her child over a stranger who is not even the biological father of this child?
She did actively try to get support and filed many years ago. It is not her fault he failed to show up to court, dispute the allegation or the wage garnishments. She took care of her business on her end. It is not her job to make anyone a better parent, chase the father down and make him be a parent, or support the child financially. Her responsibility to him ended after she filed with the court for child support. Then the ball was in his court to handle his side of things.

The only way this process could change, is if they allow the bio father to be held responsible financially for the years prior to finding out. And then everyone would be up in arms that they could have to pay child support retroactively for years prior to knowing they were even a parent.

ETA - I happened to miss a court date once. The judge contacted my lawyer and rescheduled the conference. They did not just tell the guy he did not have to pay child support because I did not show up.
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Old 08-01-2017, 08:03 AM
 
36,224 posts, read 30,664,456 times
Reputation: 32498
Quote:
Originally Posted by LowonLuck View Post
You are not comprehending...Let me try to show you this again.

A child support order is not granted without establishing paternity.

If you were not married at the time your child was conceived or born, your child support office will help you establish paternity. Establishing paternity is important for several reasons:
It will establish a father-child relationship, enable your child to benefit from that relationship, and strengthen your child’s sense of identity
It will allow the father’s name to be listed on the child’s birth certificate
It will give the father the right to seek child custody and visitation through a court action and to be consulted about adoption
It will give the child the right to important benefits from both parents; such as financial support, inheritance, social security veteran’s benefits, life insurance and health insurance
It will make it easier for the child to learn the medical histories of both parents and to possibly benefit from medical insurance through a parent’s employer, union or military service
Paternity must be established before the court can order child support
If the father acknowledges paternity, it is not always necessary to have a court trial.
Either parent may apply for paternity establishment without filing for child support. To have an application mailed to you or for further information, contact Customer Care Center


How long does it take to establish a child support order?
Generally, a child support order will be established within 90-180 days. Several factors may delay the establishment process: the noncustodial parent lives out of state, cannot be located and served with a summons, is incarcerated, fails to appear for a settlement conference or a court hearing, or if there are problems verifying income. If the parents are willing to cooperate with each other and can provide all necessary and useful information at the beginning of the case, the case can be registered more quickly and proceed to a hearing or agreement quickly.


So if they cannot find the person, and establish paternity, they do not order child support.
Show me where it is the law. I know for a fact they do not require a DNA test or established paternity in my state UNLESS the unmarried father CONTESTS paternity and I can not find the law requiring it in any state divorce/child support legislation. You continue to quote a web page written by the department of child support enforcement. The dept. of CSE is not a legal entity they are not judicial. This page is calling to unmarried women to establish paternity in the event they, at a later date, would sue for child support. It is informing them that if they do not the presumed father can contest and they will be required to have a DNA test before any support is ordered.

If you choose to believe it is a law and a requirement by default in any support case outside of a marriage go ahead and believe it. But until you can provide legal code stating it is a law to do so stop trying to convince others it is always required. This is actually what some groups are trying to make a law.
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Old 08-01-2017, 08:59 AM
 
36,224 posts, read 30,664,456 times
Reputation: 32498
Quote:
Originally Posted by LowonLuck View Post
She did actively try to get support and filed many years ago. It is not her fault he failed to show up to court, dispute the allegation or the wage garnishments. She took care of her business on her end. It is not her job to make anyone a better parent, chase the father down and make him be a parent, or support the child financially. Her responsibility to him ended after she filed with the court for child support. Then the ball was in his court to handle his side of things.

The only way this process could change, is if they allow the bio father to be held responsible financially for the years prior to finding out. And then everyone would be up in arms that they could have to pay child support retroactively for years prior to knowing they were even a parent.

ETA - I happened to miss a court date once. The judge contacted my lawyer and rescheduled the conference.
She went to court once as far as we know. She did not try to locate the father. When she stopped receiving CS she did not go back to court until years ~16 later.

Most certainly it is your job to know who the father of your child is.
Maybe the only way this can change is if we hold unmarried women who choose to have and raise a child knowing they do not have the emotional/financial support of the father solely responsibility for that child. It is not like today women don't have BC options, abortion and adoption as well women have equal opportunity to be gainfully employed. Sex and parenthood are freedoms and choices women have and with that comes the responsibility of our choices. Just because I want to have a child doesnt mean I should be able to do so then expect someone else to assume the responsibility of my choice.
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Old 08-01-2017, 09:02 AM
 
Location: Living rent free in your head
42,783 posts, read 26,085,747 times
Reputation: 33926
Quote:
Originally Posted by 2mares View Post
yes there are a lot of people who would give up a six figure job with benefits to teach yoga for 25K just to screw over the ex.
At least in California that doesn't work very well. If you are working for less than your earning capacity the judge can and will set support at what your last salary was.
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