Hi Everyone,

I was just having my nails done and the manicurist told me about her fiance who just now, after 3 years together, told her that he has a child from an affair with a married woman. He didn't know she was married and he was single. They would like to have visitation, but she refuses....same old story.

Here is their situation:

**Fiance is NOT on birth certificate. OW was married at the time....her H is on the BC.

**There is NO DNA test to prove he is the father. Only her word.

**She took the issue of CS to the DA's office and they have been garnishing his wages for years for CS.

**No court papers on CS or visitation.

**DA's office said they sent him a notice to contest her story, but he didn't respond. OW had the paper sent to her house, telling them him lived there. But he did not (she was still married). So he never saw the document. And didn't respond.

**DA's office says, "Too bad. You need to get an attorney to figure this all out." But they can't afford an attorney. They have tried to find one they can afford, but they all want too large of a retainer.

**So they feel like they are stuck. They don't even know if the child is his, but his wages are being taken and they can't afford an attorney to help them fix it!

**He wants to pay if the child is his, but he also wants to see him and be part of his life.

My question for all of you......Is there any other option/agency/etc. that they can use to help them that wouldn't cost so much? They both work, but money is tight. Especially since the DA's office takes $500/mo. in CS.

It all seems so wrong! I am wondering why the DA's office is involved at all. I am wondering if OW had some sort of "connection" there that allowed her to get CS from a man who is not her husband without proof he is the father.

Any suggestions or ideas would be greatly appreciated!!!! I know somebody know something here!

L,
Hope you get a good reply/idea.

I've got an idea his rights aren't many and it ALL SUCKS!!!!!!!!!!!!!!!! Someone ought to be changing these laws... <img border="0" title="" alt="[Mad]" src="images/icons/mad.gif" />
J

He's paying CS for a child and her H is on the BC??? That's just WRONG! She has to know someone, something just stinks here. If her H is listed as the father - they have no right to garnish his wages.
First he needs to petition the court for a DNA test to prove he's the father. They can do this themselves. Once that is done, he needs to petition for CS, and to have her H's name removed from the BC.
Try the local bar association to see if there are free legal clinics ~ a lot of time you can get help from a paralegal, and they are just as knowledgable as an attorney in the paperwork involved. That's another option - see if they can hire a freelance paralegal. They will have to file everything themselves, but they'll get help in doing it.
Yikes!!

I have read of a few publicized cases like that in CA!!!!!!!! <img border="0" title="" alt="[Mad]" src="images/icons/mad.gif" />

Especially just like you said----alleged father NEVER being properly served! Very common in LA county alone!

He MUST do something. THese cases take YEARS to resolve. THe BEST thing to do is suck up & sell, beg and/or borrow whatever necessary for legal fees. Charge OW & the state for the legal fees so that ultimately they can get their $$$$ back.

IT will be a LOOOOOOOOOOOOOOOOng legal battle. ANd chances are he could get a crappy judge & still lose. I've seen it in the newspapers. BUT maybe the judge will just call it a loss & @ least he won't have to continue to pay even if he doesn't get reimbursed for the $$$$ spent so far!

BUT.....he can file to get a MODIFICATION of CS on his own. THEN he can present his case to the judge. THat is NOT that expensive. He can start that by calling the court directly & requesting the paper-work. It is done through the mail, take a bit longer (about 3 months for hearing date) but there were no filing fees. Only had to show up on the court date.

HE can go to the court facilitators office where the papers were filed. THEY will help him for FREE w/ this. IT will take LOTS of time. THey are ONLY open during the weekdays & it is first come first served. IF he gets in----plan on being there the entire day.

Call first to find out their schedule & what days they do this on. Sometimes it is ONLY 1 day out of the week. IF the doors open @ 8am----NO LIE it is a mad dash to get to those doors first.Plan on being @ LEAST an hour early!

YOu must first wait in line @ the courthouse doors, then when they open, go through the metal detectors, then hopefully be one of the first to get in an elevator & THEN be one of the first in the facilitators office. SERIOUSLY---it SUX but that is his BEST chance.

LA county, specefically, has a reputation for 'serving' papers NOT to the person they are addressed to BUT to whoever answers the door of the address it is addressed to! As well as other parts of CA!

SOrry, but the court facilitator sounds like the most viable option.


xoxoxoxoxoxoxoxoxox
kt

Thank you for the info! I will get this to her ASAP!

I was just outraged that this could happen to someone. It totally stinks! It sounded like if the child is his, he doesn't mind paying CS. He just wants to see his son. It sounds like it might be a drawn out process. I hope they have more spare time than $$$.

Thanks KT, Jenny and JoshMom!

P.S. We live in Orange County. Hopefully, it will be a little better than Los Angeles.

<small>[ January 27, 2005, 06:04 PM: Message edited by: LBelle ]</small>

HA! Actually, the court & facilitators office WE dealt w/ was in OC!!!!!!!!

Familiar w/ 'The Block'? <img border="0" title="" alt="[Wink]" src="images/icons/wink.gif" />

Good luck!


xoxoxoxox
katy

LBelle- oh man this stuff DRIVES me NUTS to read-- these types of women make me VOMIT!! eew I need A BUCKET!

I am on the east coast, but from what I understand every state has a CS system that allows one to file all of their own court papers. The system is very non-people friendly- and it can be confusing doing it yourself, but you can do it very easily and for a very small filing fee.

He needs to request a hearing for PATERNITY to be established first.. then custody and all of that-- at which time he can bring PROOF OF ADDRESS for the time period she said he was living w/her and she lied. It is so illegal and wrong what she is doing--- he was NEVER served !!! In fact, from what she says her fiance had no idea the b*tch was married! err that is just foul!!!

He can go to the court like KT says-- it is WORTH IT to stand in line to drag that hussie to court! LOL!!!!!!!! She may wind up owing him a pretty penny.

We wish her luck- and keep us posted, this is very fishy and peaking my interest greatly!

Oh, and on a been-there-done AND suspicious as all heck from life experiences recently..

Keep in mind that there is always that CHANCE that the fiance is lying about SOMETHING???? Most women dont want to think that-but not this pro right here! LOL

They can contact the attorney general and the state's attorny's office and file a complaint of fraud. Recieving cs in the manner in which she has is a crime.They can also contact child support enforcement at social services as they are usually the ones garnishing the non-custodial parents' wages. They will have on file all the legal documents that allowed them to proceed with the garnishment and you can modify the cs through them as well. They will set up a new cs based on changes in financial circumstances. If one parents contests the modification, it automatically goes to court to be heard in front of a judge. This man also has the right to copies of all information they have that allows them to garnish his wages. Social services sets up the court date and files all the paperwork for you. Before they go they should read up on their states laws and make copies of all the laws they wish to use that allows this man to request a dna test. They will need a copy for themselves, one for the judge, and one for the opposing side. The opposing side will oddly enough be social services, not ow. This may be to their advantage as social services will not oppose fraud and will usually then not oppose the dna test. If both parties are in agreement, then the judge will grant the request.

Unfortuneately, the birth certificate will be another issue, at least changing it will be if this man is the father. But, I would definitely use the birth certificate as evidence that a request for a dna test should be granted.

If the baby is not his, getting back his money is done in civil court, not family court. That requires charges of fraud to be brought against ow.That is done through the state's attorneys office.

If the baby is his...changing the birth certificate and recieving visitation are done at the same time at a separate hearing from child support.

Hope that helps...prayers to you and your friends..

Thank you!!

This will all be good to pass on to her. I think they have felt there was nothing they could do since they couldn't afford an attorney. And I agree with you Giovanna! Fiance could be hedging the truth. But at a minimum, paternity should be established!

I looked up the Orange County child support services and there is a ton of info and even new info about verifying paternity. I hope they will follow up and get it started even if it takes time!

KT--I am familiar with the Block! I used to live very nearby in Santa Ana. But back then, there wasn't anything fun like the Block. Just an old, old mall. Do you live near there? I thought I remembered you saying you lived near Disneyland in one of your posts.

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial"> **Fiance is NOT on birth certificate. OW was married at the time....her H is on the BC. </font><hr /></blockquote><font size="2" face="Verdana, Arial">Something does stink. As of 01/01/1995 (in Cali.), a man's name cannot be placed on a birth certificate without his consent UNLESS he is the husband to the mother delivering. In which case, the husband has the presumption of paternity. If so, then CS cannot be sought against another man. The husband is the legal, if not the biological, father. Now, if she put his name down, and he denied paternity, it would have to go to court to...and he would have to do within the first 2 years of the child's life. At the end of the day, he could be declared not the father and the judge would issue an order to have the birth certificate amended.

One thing that just hit me....the last scenario could be the case, but the ball got dropped and the birth certificate was never changed. Not uncommon.

If the mother filed a motion against the fiance and proceeded without having him properly served, there have been cases where the Respondant won in court on the same grounds. As a matter of fact, I think it was an LA case.

The DA has no interest other than to enforce the order, UNLESS she rec'd state aid. In that case, the fiance would be fighting the state, and they don't give up their money without a real fight.

OB1

<small>[ January 27, 2005, 07:53 PM: Message edited by: ohbratti1 ]</small>

UGH!!!!!!!! No, the courts handling our case is across the street from the block. I will be happy to never set a foot anywhere near there ever again!

My shoulders are getting stressfully tight just thinking about it!
*****************************

ob1--I'll ask on a new thread so no TJ.
xoxoxoxoxox
kt

Hello,
I think he might be able go down to the court house and file for a petition for DNA.

I know it can suck to live in CA for CS. I heard on the news awhile ago that there was a law trying to past for men who have been paying for kids that are not theres. This is very common in CA. The fathers never knew these women were pregnant and send papers to an old adress or something like that and they never got the papers. However, if the fathers don't respond in 30 days they are consider the father regardless of DNA. Apartently, there are a lot men out there in similiar situations.

So, they wanted to pass a law saying if DNA proves they are not the father to stop CS for a child that is not theres. Governor Arnold vetoed the bill.

So, women can say a famous actor is the father and get away with it.

Dawn

It might get changed if they said it was a famous actor-turned politician! <img border="0" title="" alt="[Roll Eyes]" src="images/icons/rolleyes.gif" /> LOL

I do like arnold though!