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Paternity Judgment
Legal determination of fatherhood.
Question: How do I vacate a default paternity judgment? Papers were served at my old residence (a family members home) for a paternity and child support hearing. I did not receive them (after a falling out with my family member I moved). My new address was on record with utility companies and various other state agencies and my mail was being forwarded. I didn't receive the papers so I didn't even know that I had court. This resulted in a default judgment of paternity being entered and subsequently an order for child support. I only learned of the child support order when a collection showed up on my credit report. After much research, I found out what it was for. I cannot afford a lawyer to handle this, and I have already contacted the state and asked for new hearing or review. All this has done is get me served with papers at my correct address to show up at a contempt of court hearing and to show cause as to why I shouldn't be held in contempt for not paying. I want a DNA test. I would like the court to order one before ordering child support payments. What do I need to file to get the default judgment overturned and a new hearing? A petition to ask the judge for a DNA test? A motion to vacate the default paternity judgment? I dont know what steps to take and what to file when? I will be showing up at court with my documentation and such for the hearing about contempt of a court order. Can I ask the judge at this time to order a DNA test or what do I do?
Answer: What you really need is a lawyer. Yes, filing a motion to vacate the default judgment, detailing WHY the default judgment should be vacated, is the way to go. But really, to deal with this, you need a lawyer.
If you can't afford one, look up your local Legal Aid Foundation. They provide lawyers, free of charge, to people who are otherwise unable to afford one. Contact them and see if you qualify.
There are many, MANY, legal forms and help out there on the net, much of it free. http://www.legaldocs.com/ is one site you can check out for help.
Question: What does child support petition to annul judgment & request for paternity test or motion for new trial mean? My daughters dad had his lawyer serve me with papers to annul the judgment of child support because he was not served with the child support documents. The sheriffs office attempted to serve him several times and finally got a signature from his girlfriend. It also states that he requests for a new trial because the judgment is contrary to the law and evidence. He already signed documents stating his the father but now his lawyer is requesting a paternity test. I'm not worried about the test it's just I don't want the whole thing voided or started over because he was hiding out for the past 3yrs and now wants to get an annulment because he owes me $23,000.
Answer: It means this, piece by piece:
Child support petition -- a request presented to the court, regarding the child support he is paying
Annul judgment -- he's asking the court to toss out the previous court order which orders him to pay child support
Request for paternity test -- he's asking the court to order a paternity test. This is obviously because he doesn't think he is the father. If you're sure he is, then you have nothing to lose and much to gain. Because if the test shows that he is the father, then he'll never get out of paying support. But if it shows he is not, then he should not have to pay support for your child.
Motion for a new trial: He is asking the court to set up a new trial to hear the evidence regarding child support -- he is hoping that the judge will lower the amount of support he has to pay. He's taking a risk here, because the judge could literally make him pay MORE, not less, especially once the paternity test shows he is the father.
And if he goes on the lam, well, they can garnish his wages. His employment is traceable through his SSN.
Now, what YOU should do when you go to court, if the judge requests a new trial, is to ask that the father also pay all your legal fees in addition to the support he owes you. Two can play hardball, you know. Get an attorney -- do NOT attempt to go there without one. It will be worth the expense.
Question: Whats the differences between the two? A hearing for paternity judgment(trial) has been scheduled
and
A hearing to establish paternity has been scheduled?
One is for my daughter and the other one is for my son.
Please help me, I guess I just don't understand.
Answer: Basically the meaning is the same: you will need to see the Family Law Judge on the date specified.
Good luck.
Question: Has anyone ever been given wrong test results to an online paternity test? How accurate are they? I had bought 2 at home tests. One said 7 alleles matched out of 15 0%, the other said 99.9%. I was with 2 different men around the same time one is 1/2 black 1/2 white with green eyes and kinda dark skin. The other is white with blue eyes and black hair. My son is WHITE with blue eyes and brown/blonde hair. BUT the DNA test said the white man was NOT the father. I have checked the BBB and their have been numerous complaints of wrong test results through this company. I have also found out that college students do the testing and it is not supervised.....just wondering if ANYONE has shared something similar and if they have prof other wise against home paternity testing...
No judgment needed.. so don't give me the "GO on Maury".. or get your tubes tied....I'm a young successful 20 something women who was on BC at the time.. plus I was with both men for 7 years .. so don't be rude have respect " If you have nothing nice to say don't say anything at ALL"
Answer: Zip it dear - keep it zippered - then the problem won't arise
Question: i just had default trial court for child custody and judge gave a joint custody judgment, why? My daughter is 14 mos-old. I have 2 cases on her father (I didn't know better at the time & I went Pro-per on both cases) #1 - C. Support/Paternity & #2 - C. Custody. To make a long story short, he will not come around my parent's home to see her, he wants me to take her to see him at his parent's. Our daughter still does not recognize who he is and cries around him (he knows and accepts that). We had verbally agreed to take turns at each other's home visits but he didn't keep his word. Plus, on the child custody case, he did not respond to the court within the allotted time (30 days) so I filed for Default. I just went to court for that and judge asked me about him seeing her and I said yes every once in a long while. After reviewing the case the mentioned something about him having accepted Paternity then he proceeded with his judgment on giving us Joint Custody, why? Did Paternity have to do with it? I wanted sole custody, what can I do? he gets 2hr visits EO Sunday only.
Answer: Judges believe that it's in the best interest of the child to have access to both parents. You stated to the judge that there was a relationship established between the father and the child. That's why he ordered joint custody.
In my case, the bio donor had nothing to do with my daughter, so when I filed for sole custody with visitation based on my approval and supervision, it was granted.
Question: What happens in default judgment? My ex neglected to show up for a paternity test requested by me, what will happen to her and the case?
Answer: Default means = failure to respond to a summons and complaint served on a party in the time required by law. If a legal answer or other response is not filed, the suing party (plaintiff) can request a default be entered in the record, which terminates the rights of the defaulting party to defend the case.
However in a case like you have described the paternity test is still required. So probably a bench warrant will be issued requiring her to appear and have the paternity test. She may also face other sanctions for contempt of court for failing to appear.
I am assuming this has something to do with child support? if it does then that changes things. By law child support is not a right given to the parent; but a right given to the child. So a default judgment would not be granted allowing you to get out of your obligation.
It also depends on the reason she failed to appear if it is legit the judge may dismiss the default all together.
Question: Can child support arrears be collected on an Illegal citizen who goes back to Mexico after the CS order? Assume 2 undocumented citizens have a child in the US. The mother files for child support against the father, the father decides to go back to Mexico where he is a legal resident.
Can arrears be collected or continually added up or would a paternity test need to be done to even get the support? What if they gave the mother a judgment and the fathers response was I'm going back to my legal country, would they courts still add arrears against him?
Would residency status play any part in this or would it be looked at like legal Americans filing for support?
Answer: If there is no way to collect having a judgement for any amount is of no value.
Question: Texas Paternity Issue? recently found out that a Paternity Court Hearing that was set for the alleged father of my child and I has been cancelled. The reason it had been cancelled is b/c the alleged father has an attorney (I don't) and he served me with papers which I had 30 days to respond within and If I didn't there would be a default judgment in his favor. I did NOT respond to the summons. There is a Motion Hearing tomorrow, and it is to dismiss the PATERNITY case altogether. What kind of verdict will they give the alleged father? I know that he gets whatever he wants, but what are some of the things that he is can get? The alleged father denies he is the father, so I don't know what the judge will allow. For example, will he want his name of the birth certificate, and if so will the judge allow it? Does anyone else know, or have been in a similar situation?
I can't have an attorney by tomorrow.The Motion Hearing is tomorrow, and the Paternity Court Hearing that was set for Thursday has been cancelled
Answer: ok, the paternity case is getting dismissed more than likely because you didn't file or serve him correctly - so it is getting closed on a technicality.
Why didn't you respond to the summons like you were supposed to? that makes absolutley no sense if you are trying to do right by your child.
Are you 100% certain he is the father of your child, or does he have good reason to believe he isn't?
You go in, you request a continuance pleading that you are clueless (serioulsy, I'm not saying that to be mean - you really have to plea stupidity) and that you need time to hire an attorney - then get an attoreny before the next court date.
Question: Texas PATERNITY Question? I recently found out that a Paternity Court Hearing that was set for the alleged father of my child and I has been cancelled. The reason it had been cancelled is b/c the alleged father has an attorney (I don't) and he served me with papers which I had 30 days to respond within and If I didn't there would be a default judgment in his favor. I did NOT respond to the summons. There is a Motion Hearing tomorrow, and it is to dismiss the PATERNITY case altogether. What kind of verdict will they give the alleged father? I know that he gets whatever he wants, but what are some of the things that he is can get? The alleged father denies he is the father, so I don't know what the judge will allow. For example, will he want his name of the birth certificate, and if so will the judge allow it? Does anyone else know, or have been in a similar situation?
Answer: I would suggest going early and stopping at the clerks office and ask if there is a default order against you. Ask if they have a form you can fill out and file to request the default be vacated.
Also, file a response of some sort if you have time to get it together. Go to the hearing if possible. If they have a default against you, you will not be allowed any input in the case but the judge may decide to order the dna test anyway.
If he is denying that he is the father, I would doubt that the court will put his name on the birth certificate. A guess would be that this is a motion to dismiss the case.
You will find, when it come to the courts, putting your head in the sand, and hoping it goes away, does not work.
Question: What happens at a PATERNITY COURT HEARING? The father of my child and I have our first court hearing for paternity this month. He denies he is the father, and he has an attorney. I don't have an attoney and I am also on public welfare. This attorney he has is a good one, I hear. is there anyway that this attorney could talk the judge out of ordering a paternity test because, when his attorney served me with papers (prior to the court date) and ordered me to respond and answer the following questions he had, I did not respond. It said that If I didn't respond in 30 days there would be some default judgment against me for not responding. What could happen at this court hearing?
Answer: Having a lawyer doesn't guarantee anything, it just prevents a person from otherwise getting jerked around by the courts.
Question: Upcoming PATERNITY COURT HEARING! Help!? The father of my child has an attorney and he served me papers concerning the child in question, and i didn't respond. it stated that i had 30 days to respond, and if I didnt respond a default judgment would be put in against me. I did NOT respond. (i also dont have an attorney, cant afford one) and the court date for paternity is in two days! It was also confirmed by a family member of his that after I didn't respond, the father of my child was instructed by his attorney to give him the original birth certifcate of my child. I don't know for what reason, maybe to remove his name and the child's surname. I don't see why else he would have to give it to his attorney. (The father DENIES he is the father). What will happen at this hearing? Will my actions play a part at this hearing, b/c I never responded to papers I got served with? Will the judge decide to not do the DNA test now?
Answer: What will happend depends entirely on what has already happened, the age of the child and in what state this is occurring and did he sign the birth certificate?
Most likely, since you did not respond then he will get a default judgement but unless you relate more facts no one can answer.
Question: What will happen to me at this PATERNITY hearing? The father of my child has an attorney and he served me papers concerning the child in question, and i didn't respond. it stated that i had 30 days to respond, and if I didnt respond a default judgment would be put in against me. I did NOT respond. (i also dont have an attorney, cant afford one) and the court date for paternity is in two days! It was also confirmed by a family member of his that after I didn't respond, the father of my child was instructed by his attorney to give him the original birth certifcate of my child. I don't know for what reason, maybe to remove his name and the child's surname. I don't see why else he would have to give it to his attorney. (The father DENIES he is the father). What will happen at this hearing? Will my actions play a part at this hearing, b/c I never responded to papers I got served with? Will the judge decide to not do the DNA test now?
Answer: YOU CAN BE ORDERED TO COMPLY WITH THE FATHERS ORDERS BY THE COURT. IT WOULD HAVE MADE THINGS EASIER FOR YOU IF YOU HAD SHOWED UP.NOT SHOWING UP CAN BE AN ASSUMPTION OF GUILT. CONTACT THE CLERKS OFFICE,APOLOGISE AND GET ANOTHER COURT DATE ASAP!
Question: Is it wrong for a man to ask his wife for a paternity test on their kids? I read studies that show that a significant percentage of men are fathering children who aren't theirs and don't even know it because they "trust" their wife so completely. Am I supposed to ignore this and trust blindly everything my significant other tells me? I envy how women can have 100% certainty that their kid is theirs, while I'm somehow supposed to be content with less than 100% unless I want to be a cause of hurt in their life.
I want to trust that my judgment in who I eventually choose to marry is sound, and that this person I choose will be truthful. But the reality is that this world is full of people who will hurt you, cheat on you, and lie to you for selfish reasons. I want to be optimistic, but I want to learn from other peoples' mistakes and hurt too. A paternity test seems like the perfect verification tool, but this seems like it would taken the wrong way completely and they would be completely unreasonable about it unless I personally have been burned at lease once by bad relationships. :(
Am I a bad person? How can I possibly broach this subject without coming across as an insensitive jerk? I want to trust people, especially whoever I choose to marry, but the real world just doesn't seem to warrant this kind of trust in anyone.
Please help. :(
Answer: My ex wife got pregnant to a guy she was having an affair with. I ended up paying child support for 15 years. I often wondered how a guy is supposed to 'know' when he is married. Asking her to verify it would have ended the marriage that was shot anyway (but at that point, I didn't know that). Not asking cost me thousands and thousands. Complications in our local laws mean that the money is gone forever and she walks away laughing. If I could do it again, I would secretly get the child tested.
Question: Should a 15-year-old girl who got pregnant question her father judgment? Should a 15-year-old girl who got pregnant question her father judgment, which she should move from California where she lives with her father & mother to Hawaii where her father’s brother lives to give birth? The father says that it is better to have child custody and paternity under Hawaii jurisdiction not California? You than my lawyer contact the baby’s fathers lawyer and have him informed that if he does not want to go to jail for statuary rape, and pay for child support he must agree to have his parental rights terminated. If he will not do this, than you must stay in Hawaii in order to have child custody to remain under the legal jurisdiction of Hawaii not California. Forum shopping is the informal name given to the practice adopted by some litigants to get their legal case heard in the court thought most likely to provide a favorable judgment.
Answer: Two main things to consider: will Gramps help support the child if the father forfeits; and will Mom want her child to know its father. If Gramps can be trusted absolutely to help support the child adequately himself - replacing the father's contribution until it's 18 - AND mom wants to forget she ever met dad, then it sounds like a decent hedge plan. If there's any question about either of those two things, I'd hesitate to move to Hawaii.
You might want to ask in the law section of Answers.
Question: can you believe this? If The Genetic Tests Indicate The Legally Established Father Under The Order Is Not The Biological Father, Does The Court Grant The Motion?
Not necessarily. Even if the genetic tests indicate the legally established father under the order is not the biological father, the court may deny the motion and make the determination that setting aside or vacating the voluntary declaration of paternity or paternity judgment is not in the best interest of the child. The following criteria is used in making this determination.
DUDE THEY ARE SAYING EVEN IF ITS NOT UR KID YOU STILL GOTTA PAY CHILD SUPPORT!
Answer: Just goes to show you have to be careful who you get with.
Question: Parental Kidnapping Florida? Our sons baby boy who is 2 1/2 years old was just taken by his mother. We have a Paternity Judgment preventing removal of the child without consent or a court order stating that she could take him. I and my husband has had temperory custody of him for the last two yeras that she willing signed over. Now after two yeras she has moved to KY married a man and has taken the baby under false pretenses that she was only going to visit him in Tampa for the week with her mother. NO written notice, no permission just verbal between I and her. She only phoned once a month to speak to this baby, last time he even physically saw her was in Sept. 2008 when she signed over gaurdianship for another year. Now we are fighting the courts that donot seem as though they care that this girl was not involved in this babys life for two years and all of a sudden because she cannot get anymore money out of me and my husband can take this baby with a final court judgement dening such.
There is so much more to this that places the baby in harms way. She has no family except this man and his parents, she just married him in OCT. 2008, no job lives with his parents and did not give a darn about this baby until now.
She and her husband both have outstanding warrents out for their arrests in Florida, this has been reported to law enforcement and so has the illeagal removal of the child. My son and us are devistated that the justice system is failing us. We never keep the baby from her or her family that lives in Florida.
How can she get away with this?
We have already filed an Emergency picup order, but was denied due to her stating it is just a vacation, but it is not, it was pre-meditated parental kidnapping.
Please any advice or help would be greatly appreciated.
Answer: get off y!a and go to the police and stay there til they help you. and you cant even prove its a kidnapping yet. and its your fault for letting her take the baby without a court order. that was dumb of you. but its her kid anyway.
Question: Legal? Judges refusal of council to defendant (unwed) in custody/paternity case (evidentiary hearing)? Defendant's attorney's motion to withdraw at evidentiary hearing was granted w/fee judgment. Defendant was refused extention to find new attorney. Was told had wasted enough courts time - had to go thru hearing alone. Defendant wasn't allowed to see plaintiff's evidence or present any. Was ordered Maximum child support but was not working, had not worked for 5 months (judge knew job was ending shortly at the first hearing). More hearings ahead, no attorney, no money, no time - defendant needs all the help possible. Minor child is approx. 14 years old, defendant raised child 11 years (physical custody, no order). Divorcing, gave plaintiff (no legal order) joint physical custody (week on/week off) now plaintiff has physical custody (court ordered) due to false testimony and (presumed) false evidence. Plaintiff has motion for contempt on child support, legal fees... wants sanctions. Hearing to be in July - answer to motion is late - what to do? Please help, we are out of time & hope
Answer: Hate to say it but a judge can indeed do what was done. Gain immediate legal assistance. It's pretty much your only option at this point. Good luck!
Question: In your judgment, how glaringly obvious is Matthew 1:25? After recounting the virgin birth story, Matthew has to mention, "But [Joseph] had no union with her until she gave birth to a son."
If you ask me, this is a clear sign of the story having been fabricated by someone with the agenda of hammering home the claims of Jesus being of divine descent. But it's such an obvious hack! It reads like something my 11-year-old would write. What's your score on a scale of 1 - 10?
1 = "It's the inspired word of the Supreme Being"
10 = "Definitely a paternity fetishist"
http://www.biblegateway.com/passage/?sea…
BQ: Do you really believe that these youngsters got married and didn't have sex for almost nine months? That's more outlandish than claiming that Jesus never sinned.
Answer: I would like to cite the first person to answer. It was their law, and they would have been stoned. Which is exactly why they would've lied about it. Wouldn't you?
10
Question: Can my wages be garnished for child support if no paternity test has be done? I left my home state and relocated to Texas for less than a year. While there I was involved with a young lady. After career changes didn't pan out I returned home. This has been almost two years ago. Recently I received a letter for a scheduled meeting at a child support office in Texas. Who even knew she was pregnant. The next week I was served a citation not a subpoena for a hearing. and today a letter came saying if I did not show for the hearing that a default judgment would be rendered and my wages would be garnished. Is this possible. I haven't even hired an attorney and Texas is 11 hours from my home. Some body give me some help please!!!!!!!!
The crazy thing is that after recieving these notices i contacted her and was told someone else signed the birth certificate and was raising the child.
Answer: You need to submit a notice of appearance and a request for enough time to consult with an attorney. (If you appear - and you can provide an initial appearance by filing paperwork - a default judgment cannot be entered against you.) You can also state that a paternity test should be ordered because you had no knowledge that she was pregnant or had a baby and haven't had any contact with her for almost two years.
Yes. If you refuse to appear, a default judgment can and will be entered against you. It doesn't matter that paternity hasn't been established because you won't have contested the facts contained in the petition that was filed against you. You shouldn't have ignored that first letter. Now you need to kick your butt in gear and start doing what you need to do to deal with this.
Question: why does social security discriminate against "illegitimate" children? My daughter was denied social security survicors benefits because her father did not openly hold my daughter out and receive her into his home. Another social security law that is hurting her case is that a judgment of Paternity must have been submitted before the alleged father dies. I thought laws were made to protect and help children not discriminate against them because they are "illegetimate"! It is not my daughters fault that her father did not step up to the plate and take responsibility for her; and because of this my child must suffer while his other kids receive benefits. I have worked hard getting a DNA test after he passed as well as obtaining a judgment of paternity and amending her birth certificate to add his name and change hers to have yet another door slammed in my face. There are too many man who get away with not taking care of their kids and social security laws protect them. If there is proof that a man fathered a child he should be required to care for it!
Answer: If you were married to him for 10 years, you are entitled to his death benefits.
Then, the death benefits *SHOULD* roll over to his daughter at the time of your passing if she is still a minor, which I hope is never the case.
I'm really not thinking you're getting the 100% truth on this issue, and urge you to get a second opinion (calling another office or even an attorney).
Best of luck.
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