Legal Question in Family Law in Iowa
Child Support vs. SSDI
I'm on Disability(SSDI),the state of Iowa wants to deduct money from me on behalf of the state of Oregon regarding back child support. The child is not mine.My divorce document says that I have no obligation to support said child,my ex-wife had an affair. The state presumed me to be the Legal Father,this happened 19 yrs. ago,there were no DNA tests back then,no one told me about blood tests.
I had a mental illness back then but did'nt know it till 12 yrs. ago. What rights do I have?
My funds are very limited.How do I fight this action?
1 Answer from Attorneys
Re: Child Support vs. SSDI
I do not know the laws of your state, so you should talk with a lawyer there.
In my state, a child born during the marriage (or shortly after dissolution) is presumed to be the husband's child. It is the husband's right and responsibility to challenge that presumption. Apparently, you did challenge the presumption and the court found you not to be the father and found you not liable for support. Your former wife had the right to appeal the court's decision apparently she didn't, and it is too late now.
What I would do first (immediately) is see if their notices include fax numbers. If yes, fax a letter that says the Oregon court determined the child is not yours and that you do not owe child support, point them to the pages and line numbers where that appears in the order, and fax the order. Follow up with a phone call if you have phone numbers (some agencies don't give out case workers' numbers), or send a follow-up letter with a copy of the faxed letter. Keep in touch with them, watch for deadlines by which you have to do certain things and, by all means, remain courteous because they're probably overworked and trying to do what's been plopped on their desks.
Talk with an attorney if you think you need help or you feel you're not making any progress toward resolution.