Let me first start by giving you a little background information. My fiance recently received paperwork in the mail from CSRU (child support recovery unit) stating that he was being persued for child support for a child that he did not even knew existed. According to the information that we could get from them, his parental rights had been terminated in February '06. The child is no longer in custody of the mother (as far as we know her rights have also been terminated). They will not tell us whether the child has been adopted, but it states that it is a "caretaker" case. Who qualifies as a caretaker? My fiance believes there is a possibilty that the child is not his, but how do we go about making sure that genetic testing is done? We requested one with CSRU, but she said that the judge may not allow it? How can it not be allowed, as his name is not on the birth certificate? He was told that he admitted in open court that he was the father, but we live in Indiana and have never been to Iowa (where the child resides and the child support order is being persued) to do such a thing. And for that matter how can they terminate his parental rights without first contacting him to let him know of the proceedings or the existance of this child? We have never received any type of court documentation for any previous proceedings except from CSRU stating that they were in the process of getting an order for support. Also if he is indeed found to be the father of the child, will he be held responsible for further support since his parental rights were terminated and can the court overturn the order without first contacting him? I know it is a lot of questions but we would appreciate any information or advice on this rather confusing situation. Thank you.. :confused:
xena
07-19-2006, 01:58 PM
Let me first start by giving you a little background information. My fiance recently received paperwork in the mail from CSRU (child support recovery unit) stating that he was being persued for child support for a child that he did not even knew existed. According to the information that we could get from them, his parental rights had been terminated in February '06. The child is no longer in custody of the mother (as far as we know her rights have also been terminated). They will not tell us whether the child has been adopted, but it states that it is a "caretaker" case. Who qualifies as a caretaker? My fiance believes there is a possibilty that the child is not his, but how do we go about making sure that genetic testing is done? We requested one with CSRU, but she said that the judge may not allow it? How can it not be allowed, as his name is not on the birth certificate? He was told that he admitted in open court that he was the father, but we live in Indiana and have never been to Iowa (where the child resides and the child support order is being persued) to do such a thing. And for that matter how can they terminate his parental rights without first contacting him to let him know of the proceedings or the existance of this child? We have never received any type of court documentation for any previous proceedings except from CSRU stating that they were in the process of getting an order for support. Also if he is indeed found to be the father of the child, will he be held responsible for further support since his parental rights were terminated and can the court overturn the order without first contacting him? I know it is a lot of questions but we would appreciate any information or advice on this rather confusing situation. Thank you.. :confused:
Was your fiance married to the mother and that's how he was declared to be the legal father?
The first thing he needs to do is to get a copy of the apparently existing order. From what you posted he's been told that an order was issued in Iowa and that supposedly he was present in court.
On second thought, obviously someone has either made a huge mistake or committed fraud, and I'm sorry, but it's going to be complicated to get the problem fixed. He really needs to hire an attorney for this. I know they are expensive, but not as expensive as being charged 18 yrs worth of CS. Sorry.
sarahmychael
07-19-2006, 07:09 PM
well, we are seeing an attorney tomorrow. I was under the impression that when your rights are terminated, then you are no longer responsible for the child and support could no longer be collected. So what we are looking at is the amount for accrued support from before his rights were terminated..does this make sense? He doesn't really want to take on a huge battle for custody, he simply wants to make sure that he is the father before he pays the accrued support.
Oh and to answer your question, no he was never married to her. It was an on again off again relationship that only lasted about 3 months. If I understand correctly paternity was established adminstratively. There was an open court and since he did not show, it was assumed (I guess) that he was the father. But if he requests a paternity test, isn't it a right that he has the solid evidence that he indeed is the father, otherwise couldn't woman just pick some joe blow from the past and pass them off so the could collect CS?
How do we go about getting a copy of the existing order. The first paperwork we received was them asking for his financial information, and then the next set that we have received is what is going to be presented to the judge as a fair amount to pay monthly. How do we get the paperwork that states his parental rights were terminated?
sarahmychael
07-19-2006, 07:36 PM
one more question... do we need to obtain an attorney from Iowa, or is this something that can be handled locally in Indiana?
xena
07-20-2006, 01:53 PM
one more question... do we need to obtain an attorney from Iowa, or is this something that can be handled locally in Indiana?
He'll need an attorney in Iowa, if that is the state that the order originated in. It sounds like it's complicated enough to the point that an attorney is going to be a must.
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