CHILD SUPPORT!!!!?????

[Wabatuckian]

Hey folks,

About a year ago I was accused of being the father of some woman's child. The woman and I were never in a position to have a kid; she was a friend I had hired as a part-time housekeeper and nothing more. Further, it was genetically proven, by my request, that I was not the father.

The woman got her life straightened out and got on some badly needed medication. She was married, and, being unable to determine who the father was, the child was adopted by her husband (a service member btw.)

I just received a citation to court for possible incarceration due to non-payment of child support. This is not the first time I've gotten something like this, but it's always been request for child support and nothing about jail was ever mentioned. Phone calls have always cleared these up.

For some reason, I'm in the system as the father, even though I have papers proving that 1) I'm not the father and 2) Even if I were, the adoption process would have nullified all child support (granted, I don't have all the adoption stuff, but I do have a few copies provided to me by the woman).

I was told by the prosecutor's office that, after all was finalized, I might receive a couple things about child support, but that was just because paperwork had to catch up with its respective departments, and to ignore it. Still, I called the prosecutor for each piece I got (two mailings) to confirm that everything was good.

That was back in May.

Now, I have this damned summons to appear in a county court - not my county - for contempt of court.

On top of everything else, these summons are delivered on Saturdays so that nobody is in the offices.

The drive to this particular county would cost quite a bit of money.

I'm hoping a phone call will clear this all up, if not, I'll have to take time from my schedule, hire a lawyer that I really can't afford (no court appointeds, thank you) and go defend myself with on recompense for my expenditures.

As far as I'm concerned, this is both state sponsored terrorism and typical of government run programs - I was simply never taken off of the list for child support.

You see, in Indiana, if a woman names you as the father, you are the father until you prove otherwise (what happened to innocent until proven guilty?) Thus far I've not found a way to remove myself from that list - there probably isn't one. They need to do it, and they've not done it yet.

It's funny how one accusation can turn you into a deadbeat dad, whether you are really the father or not.

The government needs a "reset" switch.

Dammit. I have too much on my plate to mess with this too.

Josh <><

 

[Justus]

Dammit. I have too much on my plate to mess with this too.

Josh <><

We all get things thrown our way that we have to deal with.
Deal with it head-on, I'm sure it will work out in your favor.

I had a situation similar to yours that scared the heck out of me.
It was tax related and completely blindsided me.
Someone about 25 years ago accidentally entered my SS number
as an officer in a corporation.
Last year, that corporation decided not to pay state taxes.
So they sent me a notice along with an impending warrant.

After several phone calls, I was directed to the IN attorney general's
office.....they had the matter cleared up by the end of the next business
day.

 

[Wabatuckian]

Thanks. I'm just getting fed up is all.

A number of years back, someone by the name of Joshua M. Smith with a SS# one digit off from mine, who lives in south central Indiana, lost his license for DUI in Illinois. I was treated as a criminal at the license bureau. It took about a month to clear that up - I had to send all forms of ID I had to Illinois State Police. I faxed my expired driver's license, college ID, SS card, birth certificate, handgun license and a few other items to prove my identity.

Again, what happened to "innocent until proven guilty?"

Indiana is, in my opinion, one of the better states, freedom-wise, in which to live. But our government isn't all that great either, and extremely inefficient.

I still call it

State sponsored terrorism

same as the NICS and other background checks.

I wonder if people would have put up with this say, 60 years ago?

 

[kludge]

If your name is on the birth certificate, or she told the welfare people you're the dad, you're in deep doo-doo. Get a lawyer now. A good one.

These no-good $#^%# ^&*& don't get any money from the state unless they tell them who the father is so they can go after the dad's for the support money, as you've said.

It's a racket, but you've got to get this solved now. You only have a limited opportunity to deny fatherhood.

If you are in contempt the judge may have already issued a judgement against you, and this could go very wrong.

Get a lawyer.

 

[Justus]

I wonder if people would have put up with this say, 60 years ago?

Probably not,
my situation was initiated by improper data entry in new computer system.

 

[Episcopus]

You had genetic testing done, but was there ever a paternity action? Did you ever get a court to say that you are not the father? If she named you, you are the father until a court says you aren't. Go appear in court. Take the genetics paper work with you. Offer to present it to the court. If that doesn't solve your situation, talk to lawyers to help you out. It sucks, but it is what is necessary.

 

[Wabatuckian]

The genetics stuff was done through a court. This is what I'm not understanding.

I called her and she's just as mad as I am. We were both told that child support was not something that needed to be worried about, and that I was not going to be paying it.

In fact, the father of two of her kids is being overcharged on child support and still got a summons.

The only thing I can think of is that perhaps my name is still on the BC but should have been removed when the paternity test came back, or at the very least after I got the first child support notice and called, subsequently being told to ignore it.

Josh <><

 

[Wabatuckian]

If your name is on the birth certificate, or she told the welfare people you're the dad, you're in deep doo-doo. Get a lawyer now. A good one.

I can't afford a good lawyer, but I do have a lawyer, one I actually share with the woman (small town here).

See, she and her husband are on my side. This is what I'm not understanding. This should have been over and done with 6+ months ago, and now they're viewing it as intrusion into their lives. They are both more than willing to appear with me should it be necessary.

It's typical state crap: Somebody overlooked something somewhere, and they're trying to pass the buck.

I'd like to get a "cease and desist" order against the state, but my funds are very limited, whereas the state has almost unlimited funds in comparison.

State sponsored terrorism.

Josh <><

 

[kludge]

OTOH if the new husband adopted the kid, there should be no child support.

:scratch head:

or at the very least after I got the first child support notice and called, subsequently being told to ignore it.

Ah, there's the rub. Someobdy new is poking around in the records, and you being told over the phone to ignore it was somebody who was too lazy to look into it.

When you're dealing with legal records only one thing counts: the court record and the judges signature on it, and the court order to make all the records correct, and the follow through to make sure thay are correct and get everything in writing, and going back to court when they don't do what the judge told them to do. Well OK, that's five things.

That's why you need a lawyer. When your lawyer call you back and says, "you're good", then and only then can you "ignore it."

 

[CarmelHP]

I don't usually recommend this, but you can appear for yourself without hiring a lawyer. This seems pretty clear cut. Take all documentation with you. If there was an action to establish paternity against you, and you were cleared, there is no way you can be held liable for support. If her new husband adopted the kid then anyone else's parental rights were terminated along with any duty to support. Get case numbers and all the documentation to take to court with you. What county is this in?

 

[Wabatuckian]

I'm in Wabash County, but the child support and paternity test was done in Grant.

The adoption stuff is being done in Wabash County. (I got another call from her saying the adoption isn't completed - which if my name is still on the BC for whatever reason, that would explain a lot).

As well, I don't put a whole lot of faith in Wabash's communication with Grant, or vice versa.

Thanks,

Josh <><

 

[Episcopus]

I'm in Wabash County, but the child support and paternity test was done in Grant.

The adoption stuff is being done in Wabash County. (I got another call from her saying the adoption isn't completed - which if my name is still on the BC for whatever reason, that would explain a lot).

As well, I don't put a whole lot of faith in Wabash's communication with Grant, or vice versa.

Thanks,

Josh <><

The summons is from Grant, right? Take the couple of hours off work and go to court on the day the summons says. Take everything you have from the original paternity action. You really shouldn't need a lawyer for this, having that stuff should clear you up. If it doesn't, then you should think about getting a lawyer.

 

[Wabatuckian]

I think the lawyer would be the best recourse. The lady also said she'd go in and testify with me - we were both told the same thing.

Why the lawyer? I've been screwed by the state one too many times to have any faith in what they say. Most people who say they've done nothing really have, or so I tend to believe. However, having a name like Josh Smith has made me the target of so many clerical errors that took fighting to clear up, that when it really does have something to do with me, I tend to be a bit more apprehensive.

I am currently out of work unless you count the global economy, which is in a downward spiral. I sent out 20 resumes the other day trying to find something, and heck, even McDonald's isn't hiring. Any other time I'd have the extra money to blow on guns or lawyers or whatnot, but nothing ever happens then. I usually don't share this, but my savings is down to almost nothing, I go to college full time trying to get into another specialty (I was going to do gunsmithing, but I understand the wait for the license is now about 2 years). My sole support right now, besides the circling global economy, is the Pell grant and a bit my former workplace is chipping in from the settlement.

This is just a very bad time for this to be happening. Well, way worse than any other time.

Thanks,

Josh <><

 

[VUPDblue]

The woman and I were never in a position to have a kid

This is a pun, right?

 

[Wabatuckian]

Pun not intended.

 

[Episcopus]

Good luck. I would probably go without a lawyer if I were that strapped, then get one if I didn't straighten it out. But I hope everything works out for the best.

 

[Wabatuckian]

Thanks. My main goal is to stay out of jail. If I can do that, then everything else should be relatively easy.

I'm severely claustrophobic an have never been locked in a cell, never been in any sort of legal trouble period. Being locked up would be cruel and unusual punishment - it is, actually, probably one of my worst fears.

Josh <><

 

[Fenway]

Always a good one

My main goal is to stay out of jail.

 

[Bigum1969]

Thanks. My main goal is to stay out of jail. If I can do that, then everything else should be relatively easy.

I'm severely claustrophobic an have never been locked in a cell, never been in any sort of legal trouble period. Being locked up would be cruel and unusual punishment - it is, actually, probably one of my worst fears.

Josh <><

I hear ya there. I wouldn't do so well behind bars. It is also one of my worst fears.

 

[Crystalship1]

That sucks, Josh. Best wishes and thoughts to you!!!!