Quote From: n10zf8In 1999 I was a proud father and soon to be husband.
It seemed like the perfect start to a great life with a woman who I trusted and
a son who carried the family name. To me it seemed almost fairy
tale...except this story has NO happily ever after.
You see shortly after the marriage the relationship began to
erode(for reasons I still do not comprehend) when I left after being falsely
accused, however not convicted of domestic battery the woman told me I would
never see her son again. Well a couple of months later she had calmed
down and we had become legally separated, she had come back to town so that I
could see my boy. I was not home when she let herself in and began to
rifle through my desk. There she found some pictures of a female friend
of mine that I was doing digital retouching of, these pictures were not of a
lude nature they were actually her senior pictures and this young lady and I
were just friends. My soon to be ex-wife had a fit ripped all the
pictures and then drove away from the house, at this moment I was walking down
the road to meet her she attempted to run me over with the car I was still
paying for got out of the car began hitting me with a plastic coffee mug, etc.
The situation worsened my brother called 911 and she took off. Because
she had my son I went to where the police had found her, a mutual friends
house. I was told by them that I could not take the boy because he is not
my son the police had other things to say but in the interest of the young
child I merely stuck around until his mother's parents arrived to pick him
up. This was the last time I saw him the year was 2001 and he was 2 and
1/2 years old.
Since then I have remarried and had another child who looks
nothing like his older half brother, my new wife being an acquaintance of my x
wife told me then that it might be a good idea to have a paternity test
done. We paid for the test one with all the bells and whistles the most
accurate test possible and a complete chain of custody so that it would be admissible
in a court of law, in case he wasn't my son after all. After nearly a
month of chewing my fingernails to shreds the letter had come from the DNA
testing center that said there was 0% probability of paternity and that the
child was unquestionably not mine.
Ok so what's next? I went to the local attorney
general and spoke with one of the deputy AGs and was told that there was
nothing they could do they just handle the enforcement of my payments according
to the divorce decree and that I would need to hire a lawyer in order to over
turn any such judgment against me. Lawyers are terribly expensive and
when you are losing nearly a third of your income it is impossible to take care
of current bills let alone things like a 2-3 thousand dollar retainer for a
lawyer who isn't even willing to guarantee success.
In order to be able to take care of my family's needs we
left to another state which allowed me 9 months to be able to financially support
my wife and son, once child support caught up with me again we moved again,
this cycle seems to repeat every 6 months or so but the cost of moving is so
expensive that by time we recoup from that and are able to begin saving child
support enforcement catches up again and because I have refused to pay since
the time I leered that the child was not mine each time the amount that is
garnished from my check gets larger and larger.
Now I am weary of running, I make 40,000 per year and am
losing 500 a month to child support after that is gone I now have enough money
to pay rent and utilities but I cannot feed MY FAMILY or afford gas to
get to work to make what money they have left me with. So what do I
do next the depression of not being able to provide for my family has me at a
physical and emotional breaking point every time I look at their beautiful
faces. All of this is because even though I am truly NOT the father the
mother refuses to allow me to go on with my life. At this point with the
detriment it is causing my family she has committed a crime almost as horrible
as if she were to show up at my door at murder me.
Any suggestions on how to fix this problem without spending
money that I cannot come up with and do not have would be greatly appreciated.
I 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!