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Paterniity blood test negative

  • Thread starter Thread starter mjdjma
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mjdjma

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My husband's taxes and wages have been garnished due to a mother naming him to be father of her child. He did not think the child was his and did not respond - thinking this would resolve itself. Of course, it did not. Since he did not show up to court or for the first blood test, he was guilty as charged. When they started garnishing his wages he knew he had to do something. So he hired a very inexpensive lawyer to help hime get another blood test that would be complimentary - and this was denied. Finally, on February 13, he took a blood test, along with the mother and child. The results of the blood test came back and it was concluded that my husband was not the father. What is the next step? Is there a way to get back money paid to the mother via garnished wages and tax refunds? What are our options? The original complaint the mother served was Dec. 17th 1998. She has collected between 4,000 to 5,000.
 


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Ukiah

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mjdjma said:
My husband's taxes and wages have been garnished due to a mother naming him to be father of her child. He did not think the child was his and did not respond - thinking this would resolve itself. Of course, it did not. Since he did not show up to court or for the first blood test, he was guilty as charged. When they started garnishing his wages he knew he had to do something. So he hired a very inexpensive lawyer to help hime get another blood test that would be complimentary - and this was denied. Finally, on February 13, he took a blood test, along with the mother and child. The results of the blood test came back and it was concluded that my husband was not the father. What is the next step? Is there a way to get back money paid to the mother via garnished wages and tax refunds? What are our options? The original complaint the mother served was Dec. 17th 1998. She has collected between 4,000 to 5,000.

It's hard to give you exact advice when you don't tell us what state you live in... So here's some general advice:
Usually, a paternity case can only be contested within the first two years of the child's life. After that, the male who's name is on the BC is considered the father. and regarless of blood tests, is deemed the father in the courts "eyes", due to his failure to take action when he was first notified.

I believe that he will be continuing to pay until that child is either 18 years old, or the child is adopted by another man with his consent.
 

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