Quote From: tracy1242I guess you still have the paternity test? Go to court and represent yourself. You can't trust the lawyers anyway. Go to the university near you that has a law school and find the legal library and find a law student there that can help you find the right cases to bring up as well as state statutes for the state that is garnishing your wages for child support.
You will have to go to court and read the statute outloud to the judge in order to keep him honest. You will have to point out how the previous ruling went against the statute. That being you aren't even the father, the real father needs to be in court. There are other statutes, laws, and cases you will need to be able to quote for the judge. You need to have your paternity test results there as well. Find the case won by the man on the Dr. Phil show the other day and that should help you find out what he used in court.
You do not have access to the child, nor are you the father of the child. It is really a matter of finding an honest judge (hard to do in family courts). You'll have to do as the black man on the show did and not stop until you win. I doubt your ex has a lot of money to keep fighting for a fraud she has committed against you. I'd write every representative in your state and every family court judge and make them aware of your case. I'd see every good attorney before she knew I was going to sue her and take her into court then she couldn't hire those attorneys. I'd request that she pay for my attorney fees because she knowingly lied and created the situation where litigation had to continue, costing you money.
I'd look up the man that was on the show and find out all he did to be successful in his case. Then I'd do what he did. I don't know if this guy had a lot of money for lawyers or not, but I have known some men who have won their cases without lawyers to get child support lowered and get visitation. Your case is different than theirs as you aren't the real father and it sounds like you aren't going to try to have a relationship with the child at this point. I guess your heart was broken and you have moved on, understandable.
You'll need legal help, it will cost you less if you get a law student to help you set up a good case. Even a good lawyer would be worth it, do the math! If you are avoiding child support save some of that cash and go to court and fight that vile woman.
Once I got the payments stopped I sue her for the total plus emotional suffering and make her pay interest and I would press charges of fraud on her. If the district attorney would not move forward then I would make sure every newspaper and every news outlet in the state got word of it all at the same time.
Once in a while a lawyer takes a case pro-bono, maybe you can find someone who is passionate about this sort of thing and wants to take the case or help you to represent yourself.
Good luck with your case!!! (disclaimer - I am not a lawyer or legal student, I am just interested in father's rights and those who get stuck with less rights than the average person because they are accused of being a father).
cheers!
You may have to wait several weeks and upwards to get an appointment. But once you have the appointment, they work fiercely to interpret the law unbiasedly, quickly and for free!
Go there......