Legal Question in Family Law in California
Okay so I had not been served for the paternity hearing which my ex was granted paternity. The Dept. of Child Support Services, claimed they served me at a location I never resided. I can show my credit reports as proof and get a letter from the property manager stating I have never rented from them. Nor is the address on any drivers license or identification card I have ever obtained. Thus, I never resided their.
However, the case has went forward, due to no one caring what I had to say about the void orders. Now its been 5.5 years, and its really not fair, then I just found out I never even got an answer on that portion of the argument at that time, and that I should have argued that issue with fierce determination. Unfortunately, like so many other problems the court overlooked it, never supplied any response, and now I found a case that says an over (10) Year old case was reversed for lack of subject matter jurisdiction, where the father was never served the paternity papers like me, and the appellate court agreed he should have been served. They reversed it! It is in County of San Diego v. Gorham, (2010) 186 Cal App.4th1215. Mr. Goram appealed an order denying his motion to set aside a default judgement obtained against him in July 1998, He contended that the judgement was void because of the fraudulent representation of the process server that he was served with the summons and complaint. The court denied his motion on the grounds it was untimely under various statutory provisions of the California Civil Code and Family Code. etc...Anyways he eventually got his judgement vacated and proved his point. But in my case, the case went forwards. Initially, I filed for a set aside 18 months following. It was granted by default, a paternity test was ordered. Then roughly 12 to 15 days following, I got a letter from the court in the mail saying that the DNA test order was suddenly rescinded by the court then it was denied at the rehearing. IDK why! But at that time I had no idea that was the wrong point to argue. Thus the case went forwards and I have lost ever since. Does anyone know what I can do now? It is like 5 years past, but in Goram he got his reversed after 10.5 years, but he never appeared to any hearings except his set aside which he appealed. Please advise, I need a lead......
1 Answer from Attorneys
If you appear at a hearing, not as a special appearance, as a general appearance and argue your case you lose your ability to then claim improper service. From what you have stated you have continued to go to court after. You also did not file an appeal at the proper time to do so (or motion for reconsideration). Unfortunately in your case their is very little you can do. I know this is not the answer you are looking. I will say there is a real benefit to hiring a attorney at the start of the proceedings rather then at the end.
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