Legal Question in Family Law in Idaho

What do you do if a child support agency is wrongfully trying to obtain support

Just recently me and my husband received a letter stating that he owed like 1000 dollars in child support in idaho for a child that isnt his. We quickly contacted idaho to inform them of the mistake and they said they already had a court order. We have never been served papers and no paternity had ever even tried to be established. Then idaho said we could pay for a test but they wanted payment now, my husband informed them that he knew the woman but never even had intercourse with her. Since then we have got 2 notices demanding payment and now they have threatened to hold our tax frefund what do we do?


Asked on 2/15/02, 8:23 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: What do you do if a child support agency is wrongfully trying to obtain supp

the first thing to do is to have someone, preferably an attorney go to the courthouse and review the file to find out how you were served. If they didn't know where you were residing, they are entitled to serve you by publication once a week for 3 consecutive weeks in the area of your last known address. If they got a default judgement against you, you might be able to get the default judgment set aside and have the matter litigated in court, but if there was a default judgment you need to do this right away. There is usually a 6 month time limit unless you didn't know of the judgment.

My telephone number is 208-345-3817 if you want me to represent you in this matter and I charge $120 per hour.

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Answered on 2/20/02, 11:03 am


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