DNA proved he is not the father but his salary is garnished?

[question everything]

There was a story on CNN about a low income man who was approached by a former girlfriend claiming that he fathered a 15 year old daughter. This was the first he heard about it and DNA and subsequent affidavit by the mother cleared him from being the biological father.

However - this is Florida - he cannot reverse the charges and his paycheck - he is a massage therapist - is being garnished for child support..

I many not have gotten all the facts but the conclusion was that in Florida - the place where the rich and famous go to protect their million dollar homes from bankruptcy - such charges are almost impossible to revers.

This is crazy! Does anyone know more about this?

[mzmolly]

1. That's so wrong. They should garnish HER wages for lying.

Piff!

[Nikki Stone1]

2. She may not have known who the father was. However, the state needs to change this law

once a DNA test demonstrates lack of paternity.

[mzmolly]

7. Ahh, good point. However, I would imagine she could have mentioned that upfront?

Like "it could be your or???"

[Nikki Stone1]

12. Doesn't matter: There has to be some legal way to be cleared of responsibility by a DNA test

regardless of whether someone is lying, not sure, or makes a good faith claim. The DNA test should be the final aribiter of paternity and the subsequent responsibilities associated with it. This is a problem with the LAW.

[mzmolly]

14. I understand that. But my original point was that the women should pay

some sort of fine herself for not being upfront, IF she wasn't upfront. I don't think this should be excused.

[Nikki Stone1]

19. If she made the accusation in bad faith, that's fraud, but if the law were changed, even a

fraudulent claim wouldn't cost the man anything except some time and a DNA test. If it can be proved that the woman made the accusation in bad faith, then she should pay for the DNA test and any fees for time missed from work, legal fees, etc.

Most of the time, however, it may not be bad faith at all, but just a matter of not knowing who the father is or not being able to prove it, especially if the former sex partner refuses to get a voluntary DNA test. Sometimes a former partner does not want to get the DNA test because he doesn't want proof of his financial responsibilty. In that case, the male is acting in bad faith, and the mother of the child might want some legal means to compel him to get that test. Hence the spirit of the law, I think.

The problem really is that the law has no way of acknowledging a negative DNA test and stopping wage garnishment. The law should have this written in. The cleared male should be recorded as cleared and freed from any pending wage garnishmentorder once a DNA test from a reputable hospital is completed.

[tammywammy]

3. Here's a thread about it

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1323564

[question everything]

9. Thank you

I still have hard time searching CNN for news that were reported.

[Robbien]

4. Sure we know about it, there are other threads on it here in GD

[valerief]

5. He didn't get the papers saying he was the father until 4 years and

that was after the deadline for challenging the order.

It's like Clinton wasn't impeached because he had an affair. He was impeached because he lied.

They get you on the technicalities every time to make sure justice is not served. But greed is.

[Greyhound]

6. State of Washington is even worse. The governmental extortion is specifically

addressed in the state law, even when paternity is disproved, the man is still required to make payments.

[Sweet Freedom]

8. I'm just guessing, but

if it was court-ordered child support, then he has to go back to court to change that. He can't just stop paying and disobey a court order.

[question everything]

13. Should be the reversed

Now it is no longer "he says she says." If a woman claims child support after so many years, the first thing should be DNA test and then decide on child support.

The court can even charge the man for the cost of the DNA tests - IF he is found to be the father.

Still, if a couple is having sex and then part and there is a child, the mother should notify her former boy friend, or at least social services, that he is the father.

Many of us have exes with whom we were close. Why should someone out of the blue, after so many years, come forward saying: this is your child?

[melody]

10. This happened to my nephew

Happens all the time -- it took five years and a lot of legal fees to prove he wasn't the father.
He was targeted because he had a good job.

[BlooInBloo]

11. Once the court declares you to be the father, it's all over. No matter what the facts are....

... At least this way the kid (and mother) receive some modicum of a safety net. Obviously it's not the best possible situation, though.

[question everything]

15. This is crazy

So anyone can just pick a perfect stranger and demand child support?

What if this person is now a dead beat sent to jail? Now the state has to support both the prisoner and that child?

[mzmolly]

16. That's just not right.

:wow:

[JANdad]

17. You owe me a monitor...

This should get a DUZY!

:spray:

[BlooInBloo]

18. christ - nothing's worse than being funny when you weren't trying to be...

... Throws one's whole sense of place within the universe into a tizzy.