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child support and paternity

  • Thread starter Thread starter Jonathan McPhee
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J

Jonathan McPhee

Guest
What is the name of your state?What is the name of your state?
Florida

I have recently become aware I have another child (different mother though)
the child is apparently a year and a half old or so, and support was ordered on 5/7/03 at $320 monthly and an additional $60 monthly for arrears. I had recieved a letter in the mail telling me to come to court before a hearing officer july 12th 2004, at the top it says "Motion for contempt, increase arrears payment, and additional relief, notice of hearing and notice to produce"
I called the DOR on this, explained my position, that i did not know about any of this, or whether the child was mine, however, I was with the mother at one point in time, and the was the possibility of pregnancy before she fell off the face of the earth, and DOR said that this court appearance was my opportunity to explain all of this. I went and of course the person alleging paternity did not show up, I explained my side of the story, they said substitute service was given to my mother, who i had not lived with or seen in a very long time (I have recently moved back, thats how i got this letter) and in my absence a judgement for support and paternity were made. They appeared unconvinced and said that i would have to take that up with family court services, but in the meantime they have no other choice but to look at the facts of the case and find me in contempt and issue a $570 writ for my arrest, i can turn myself in and pay it when it comes out and not goto jail, or I can wait for them to come get me. Now i dont have the money to do this, is there any way i can file to get rid of the writ without paying? Is there any way to get it lowered? If i turn myself in and cant pay, what happens next? do i get a court date? Is it possible for a judge to ROR someone on something like this?
I have another child i do pay for and it would be bad for everyone if i just sat in jail for a child i dont even know is mine. If I can somehow borrow the money, is there anyway I can prevent the money from going to her until paternity is established. The hearing officer told me to get a lawyer, which i cant afford. Family court services gave me paperwork for a Motion for scientific paternity testing, and a financial affidavit form, which since i dont have a job right now is useless, however i will starting my new job in a matter of days. The mother has made herself completely unfindable, changed her email, privately listed number, etc, and has made no effort to contact me.
Any ideas on tracking her down? I know this court bs will take forever.
thanks, any help would be appreciated
Jon
 
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A

adonahee

Guest
I can see why this recent judgement was made

Your story is pretty "iffy". You just moved back, and got the letter out of the blue? How did it suddenly come into your hands? Is it that you moved in with family or someone who happens to get mail addressed to you? No, there's no way to get out of this. If you don't have the $, you will go to jail. The courts really don't mess around with this type of ruling. It sounds like an unfortunate mess.
 
J

Jonathan McPhee

Guest
the letter was there when i moved back, i have been able to borrow the money, now i just have to wait for the writ, is there any motion i can file to keep her from getting the money until paternity has been established? I have already filed a motion for scientific paternity testing. I will get a court date when i pay the writ right? I just started my new job today, can i fill in a predicted wage earnings, or do i need to wait until my first check, which will show tips as well? or could i base it on on this weeks training pay and multiply by 4 weeks, and change it later, just to get the ball rolling on the financial affidavit, motion for (reduction of arrears, and support?), in case the kid is actually mine. If the kid is mine, the ordered support is based on much more than i have actually made in the past year to year in a half, i believe, can the arrears themselves actually be reduced because of this?
How long will paternity testing take, they should issue a court date soon because of the motion i filed, right? or do we just get ordered to do the testing? What if she refuses testing? Can the court agree not to let the test happen because they have already settled me as the father without my consent or knowledge?
 

LdiJ

Senior Member
Jonathan McPhee said:
the letter was there when i moved back, i have been able to borrow the money, now i just have to wait for the writ, is there any motion i can file to keep her from getting the money until paternity has been established? I have already filed a motion for scientific paternity testing. I will get a court date when i pay the writ right? I just started my new job today, can i fill in a predicted wage earnings, or do i need to wait until my first check, which will show tips as well? or could i base it on on this weeks training pay and multiply by 4 weeks, and change it later, just to get the ball rolling on the financial affidavit, motion for (reduction of arrears, and support?), in case the kid is actually mine. If the kid is mine, the ordered support is based on much more than i have actually made in the past year to year in a half, i believe, can the arrears themselves actually be reduced because of this?
How long will paternity testing take, they should issue a court date soon because of the motion i filed, right? or do we just get ordered to do the testing? What if she refuses testing? Can the court agree not to let the test happen because they have already settled me as the father without my consent or knowledge?

Why didn't your family forward a letter to you that was something that important?...in fact, why wasn't your family forwarding your mail at all? You don't have to answer that question here...but a judge is going to DEMAND an answer to that question and it better be a good one.
 

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