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View Full Version : Dirty Rotten Scandrals in California!


TommysTwoLips
05-17-2005, 08:24 PM
I dated a girl in 1984! I am certain a relative was messing around with her too. The child was born in Sept. and I asked her for a paternity test and in Dec. her and the family packed up and left. They didn't give me any forwarding information and me ad my family continued to live at the same address for another 12 years - and no-one ever contact me. I was 15 at the time, and no-one would give a "minor" any information on the whereabouts of the child or the mother to get a test done. I continued my search and found out later (after I was 21) that I needed to know what county she lived in. This was before they had the "Child Abduction Unit". Then after 17.5 years I was served an award notice of judgment aginst me at work. With scarcely any time to react they garnished my very next paycheck - 2 days later! I was going to be homeless and without enough funds to get to the county to dispute the matter if I didn't stop them. After many calls in 2001 with many attorneys (1/2 free consultations resulting in about 8 hours of free attorney talk time!), I determined that the only way to get them to stop quickly was to get a good bankruptcy attorney - have him call them - and agree to pay one (1) said amount, but that it has to be an amount that I could afford, and that if they continued 50% wage garnishments, then I would be homeless, and would be fired from my job, then no-one gets a thing. They agree'd, after they garnished 3 more checks. Well, that was that, they did enough damage that I went homeless! So, at this point, I have been robbed of my right to a paternity test, left on edge for 17.5 years by not knowing, and not being allowed to find out (because no-one would tell me anything), my wages garnished, and kicked out into the street, with no money, and bankrupt (chapter 13 - paying them). I subsequently got on my feet and kept making the BK payments and began trying to initiate contact with the Support people to get info of the whereabouts of the child. They refused to give that to me, even still! I requested a paternaty test, and they said that was pointless. I discussed with every attorney that would listen that I thought that I shouldn't have to pay a dime, because she "concealed" the child. And even though the laws state that this is a valid reason NOT to have to pay, but because the child support division DIDNOT serve ME my papers, and notified me way after they pushed this case past the judge it was too late to argue in this way. I was furious! Everyone claims that all the laws are "in the best interest of the child". How about the mother robbing the child of the right to be raised and nurtured by the person she claims to be his father? How about, never telling him where to find the person she claims to be his father? How about, using as "proof" that the child is "definetly" mine by using an "online" geneology report she gave to Jahova Witnesses? Yes, she needed a place to stay (at a church I think - I was tracking her - or they came to her house) - and she told them that she was married to me in 1984 (we were both 15 years old - if they would have done their math) and conceived the child. Then when she needed more proof other than the birth cetificate to say someone was the father, she produced the "geneology". Now, her uncontested child support seemed more plausable because "we were married". Currently, I am un-employed - and they are garnishing again (25%)! I haven't been on my feet enough in the past 4 years to take care of this matter, but, since I am going to be homeless again in the next 14 days again, I figured I can be homeless in the county that I need to fight this at. What is interesting, if its not already, is that no-one seems to be interested in the lopsided byassedness of the powerful Distric Attorneys Office. They have a vested interest in "NOT putting in the effort" to find people and serve them properly, then give them a chance to discuss, dispute, or even cop to the allegations. In my case, they put forth NO effort in notifying me prior to wwage garnishment! Their own paperwork says that they didn't give the papers to me, the gave them to an in-law in another city, that wasn't even talking to at the time! Their own paperwork for "serving me the judgment" is 2 days prior to the wage garnishment! Yes, I know about AB252 - and the paternity test - but what about the justice - the equality that Californians (myself included) always boasts about. There are laws to send me to jail, there are laws to garnish my wages, there are laws to empty my bank accounts (which they did do), there are laws to prevent me from having a liscence, there are laws that allow the D.A. to "inform" your place of employment that your a "dead-beat-dad" (even if your not). What about investigating the custodial parent, what about telling their co-workers that they kidnapped a child, what about wrecking their life so bad they can't get credit for a candybar. I am not looking for revenge, I am questioning the legality and money motive of all the parties that were allowed to be "in the know". And, as I've described, I was deliberately kept out of the know, by her, and by the D.A.'s office! I tell you I smell a Dirty Rotten Scandral in California! Todays date is 5-17-05

elklaw
05-18-2005, 11:57 PM
A lot. I think what you need to find out is what was told to the courts and go back to the court and try to correct the record. File an open records request and file a petition to establish paternity so that a blood test can be ordered and you need to (may be too late) state that you have paid child support under duress and had no idea about the situation, nor if you are really the father. A DNA test under controlled circumstances is the only way to find out. The problem is that you never filed to establish paternity before agreeing to pay support, which the court could construe as an admission of paternity. You need to establish you have paid under duress and do not believe you are the father and have not been able to access adequate information to refute the claims, so are filing to establish paternity so that you can have rights as a parent if you are the parent and to find out for sure if you are. You may also need to find others to substantiate your claims of incest and that the child is not yours. Good luck and use up some more free consultation time.

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