I have a question for anyone who can answer.

My fiance was with a women for 2 years. When they got together she had a 3month old daughter with my fiance's brother obivously before they got together. The brother never claimed the daughter as his so my fiance became the "father figure". He basically raised her as his daughter until they split 2 years later when my fiance went to prison.

After we got together we found out that the mother that he had dated had been caught with drugs. She ended up getting her 2 kids at the time taken away by DFACS. To make a long story short the ex-girlfriend told DFACS workers that my fiance was the father b/c he was the only "father figure" that child had. So, now DFACS is coming after my fiance for child support.

Supposedly he had been notified of a court date to contest it but we never got anything in the mail & now they are garnishing his wages at work for a child that is not his! What can we do about this!

Everyone had said get a lawyer but that can be costly. Are there any public offenders that could represent him in this case? Please, any advice would be great!!!

If he does not petition the court imediately to establish paternity by DNA he could end up paying for the next 16 years or more. There is no choice, it is not the mother, and even if the mother said HE IS NOT THE CHILDS FATHER, the County now has a judgement against your fiance. If he lets this go it will not be changeable in a couple of years. He has to act as soon as he finds out, which was at least when they attatched his check.
Paying an attorney now will save you the $80,000 you could end up paying over time. This is not something that can be put off untill it can be afforded, it never will be afordable.

IF HE ACTED AS THE CHILDS FATHER, THEN HE CAN INDEED BE HELD LIABLE FOR SUPPORT.

Supposedly he had been notified of a court date to contest it but we never got anything in the mail & now they are garnishing his wages at work for a child that is not his! What can we do about this!


They had to have sent a registered letter to his last known address at the time of the submission. If he got the letter, he signed for it, if he did not sign the court will be forced to reconsider within a reasonable amount of time. Especially if the letter was knowingly sent to the wrong address. The longer you wait to act, the less right to act you will have.

How do you test for paternity thru DNA when the Bio Dad and
Step Dad are brothers?? Isn't the DNA the same??

No. DNA is like your genetic fingerprint. No one else has it. A paternity test would show that the uncle was a relative of the father, but not the actual father.

Your dna is actually a combination of different chromosomes passed down in your family, and the chances that two siblings would manage to get the exact same chromosomes from each parents are statistically impossible.

They have a better chance of having the same if they are identical twins, but even then, it's highly HIGHY unlikely.

It's explained a little better here:

http://answers.yahoo.com/question/index?qid=20061115221254AAHvHeB

I have a question for anyone who can answer.

My fiance was with a women for 2 years. When they got together she had a 3month old daughter with my fiance's brother obivously before they got together. The brother never claimed the daughter as his so my fiance became the "father figure". He basically raised her as his daughter until they split 2 years later when my fiance went to prison.

After we got together we found out that the mother that he had dated had been caught with drugs. She ended up getting her 2 kids at the time taken away by DFACS. To make a long story short the ex-girlfriend told DFACS workers that my fiance was the father b/c he was the only "father figure" that child had. So, now DFACS is coming after my fiance for child support.

Supposedly he had been notified of a court date to contest it but we never got anything in the mail & now they are garnishing his wages at work for a child that is not his! What can we do about this!

Everyone had said get a lawyer but that can be costly. Are there any public offenders that could represent him in this case? Please, any advice would be great!!!

It sounds like they notified him by mail and either he never recieved a letter or didn't acknowledge a letter. Unfortunately with GA CSE it's highly likely that they issued an order without proper notification so that's the first thing he needs to do- find out how they notified him. If there is a court order (there should be for them to begin garnishment) all of that info should be in the court file. He can go to the courthouse and ask to see the file.

Even if it turns out that he was legally notified, he can still file to object and deny paternity, but in all honesty, he really really needs to get an attorney for this. GA CSE is a perfect example of a govt. agency run amok and they will not do anything to correct thier own mistakes on just the say so of a NCP (even when the NCP has positive proof of the mistake). They will, however, actually listen to an attorney.

I had to bold your words "public offender" because it struck me as very funny- because public Defenders are quite often public "offenders". Anyway, unfortunately public defenders aren't used in civil cases (personally I wish they were) but, he can check with legal aid and contact some attorneys about pro-bono or sliding fees. He can also request the court to order the state to cover his fees if it's determined that CSE did not legally notify and if he is not the father.

At a very minimum he needs to get a consult with a family law attorney who's had experience up against the CSE.