Legal Question in Family Law in California
Paternity Fraud
My credit report shows I'm past due on child support in Orange, CA. When I called to check it out, I don't know this lady for one and for two I am sterile and never could have kids. Social Services won't give me any info, but since 8/05 are garnishing wages at both of my jobs. I told SS's they need to do a DNA test but they showed the lady my drivers license and she said it was me so they told me her word was good enough and they won't accept a DNA test. They said I signed for a summons and didn't answer so this is all by default. I didn't live where they sent that summons either. I told them I didn't sign anything and I want a copy of it. They refuse to provide me that. I asked for a notification of paternity affidavit to be signed by this lady, mailed it to SS's for them to give it to her to sign, but they refuse to even ask her to fill it out. I knew nothing about this until my credit report 8/05 (got notified of negative activity being added on and this is what it was.) I wrote to the attorney general in CA 2 wks ago but haven't heard back. How can this happen with no DNA test and not even knowing this lady or her 19 yr old son. I don't have money for an attorney.....I'm paying almost $1,000/mo starting 8/05. who allows this?
2 Answers from Attorneys
Re: Paternity Fraud
this happens sometimes. yes, it is all possible. you will continue to pay $1,000 a month until it is cleared up. you need to hire an attorney. end of story.
Re: Paternity Fraud
You have to file appropriate court papers in the Orange County Superior Court. If I were you, I would also consider filing a civil rights lawsuit against the appropriate agencies. Assuming your version of the facts can be substantiated, I would love to take this case and would even have fun with the case. I can just see the headline in the Orange County Register: "County Sues Sterile Man For Child Support." I am very sorry your wages are being garnished, and I do not mean to make light of your situation. I am admitted in California and regularly appear before the Orange County, California state and federal courts. If you were to win a countersuit against the agency, you might be entitled to recover your attorney fees and for this reason it is possible that you could persuade a lawyer to take the case for an affordable retainer. Remember you must take action immediately: under California law (Section 473 of the Code of Civil Procedure) court action to overturn a judgment based on an improperly served lawsuit must be taken without delay. You would probably need to have the support judgment overturned in advance of any countersuit. A countersuit would have its own statutes of limitations and other legal deadlines that must be met.
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