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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26331
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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In 1991, my wife (at the time) and I had a short-term marital

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In 1991, my wife (at the time) and I had a short-term marital separation for the most part of the year. During that time, my wife got pregnant with another man's baby, unbeknownst to me. We got back together and she informed me she was pregnant. Since we has sexual intercourse during our marital separation, I believed her when she told me she was pregnant with MY child. We ended up getting back together. Approximately 6 months after this time, my pregnant wife moved to Alabama for awhile. She returned within approx. 6 months, with an infant boy baby.

Things went real bad when she announced that the "infant baby boy" was NOT my child that he was the creation of an affair. We tried to make it work (even after finding out that the child was NOT mine), but things didn't work.

We went to court in Monterey County in California. I had a DNA test done and it was proven that I AM NOT THE FATHER. However, based on the Bastard Law, I ended up having to be responsible for this child.

22 years later, Monterey County is haunting me with outrageous Child Support bills and they keep adding interest to it. For the past ten years, it's been at approx. $65K and my wages are garnished. Each year they keep adding interest; sending notices that I am behind;l all the while, taking most of my income from Each and Every paycheck.

Since it has been PROVEN that this child is not mine (via DNA) and he is now going on 23 years old, what can I do to get this harassment to stop???
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to help.
Kirk Adams : One question - was paternity established through a court ordered DNA test?
Customer:

I had to personally pay for the DNA testing to prove the child was NOT mine.

Kirk Adams : Was this done through a court petition to determine paternity?
Customer:

After the test results were turned over to Monterey County, they said paternity didn't matter because I had accepted this child into our household for more than 6 mos.

Customer:

No. they would not do that. They just wanted the support money and made me pay...no matter the findings

Customer:

Then, they went back through all the years and added $42K for back child support.

Kirk Adams : Ok. In order to rid yourself of any obligation to pay child support, you will have to file a petition to establish paternity and ask for a DNA test to be done per court order. The judge will then order the test to be done and the results to be reported back to it.
Customer:

why couldn't that have been done then?

Kirk Adams : Once you get the test results back and it is found that you're not the father, you should be relieved of any obligation to pay.
Customer:

do i need to re-establish a paternity test and ask it to be done per court order now? or can the results I submitted back then be utilized?

Kirk Adams : It could have been done back then - don't know what it wasn't.
Kirk Adams : Yes, paternity would have to be established through a court-ordered test.
Customer:

Wow! I am upset because I was told I could NOT fight this based on The Bastard Law in CA 1989.

Customer:

Is that right?

Kirk Adams : I'm not sure what was in effect back then - probably before DNA was a viable option - but I've never seen where a petition to establish paternity wasn't allowed.
Kirk Adams : It's not much you can do about what happened back then, but you can file a paternity petition now and try to get out from under the support due.
Customer:

Thank you. Have you ever heard of this Bastard law? Will they drop all the past due charges, 62K, etc if paternity is established?

Customer:

I submitted the DNA testing and they said that based on the Bastard Law, it didn't matter. Imagine that!

Kirk Adams : No, I never have heard of that law - but maybe it was something in effect before DNA testing was reliable.
Customer:

Yes. They know who the TRUE FATHER is but have never pursued him as he is a lowlife with no income. they continue to go after me.

Kirk Adams : IF you can establish that you aren't the father, then you should have a claim to be relieved of any support obligation. But, you really should consider consulting a local attorney to help get this petition filed for you.
Customer:

thank you. I appreciate your time.

Customer:

can we cross-file to get the money back? I've been garnished for many many years.

Kirk Adams : Sure. Glad to help.
Kirk Adams : Please let me know if you need anything further.
Customer:

can we cross-file to get funds back?

Kirk Adams : Yes, you can request this, but the statute of limitations may prevent you recovering it.
Customer:

oh, I see. Thank you. I will do my best. Geeeez! This has been nuts.

Customer:

The reason I am contacting you on this date is because I just got another letter today, stating that they were going to increase the garnishment.

Kirk Adams : Understood.
Customer:

they have spent years taking all my income tax returns, bonuses, etc.

Kirk Adams : Speak to a local family law attorney about doing something about this.
Customer:

will do.

Customer:

any other suggestions regarding this matter??

Kirk Adams : The best thing is to try and get something filed before they begin garnishing you again.
Kirk Adams : Just see a local lawyer as soon as you can!
Customer:

thank you. have a nice day.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26331
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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