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Paternity and CS-VA Virginia

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  • Paternity and CS-VA Virginia

    My boyfriend just spoke to his mother recently and gave him a lot of mail that came to her (she left him as a child, and was raised by his father, so he doesn't have much contact with her). In there is a paper that is from Child Support Enforcement, saying he owes back child support and interest on that. He never got any of these papers before and he never sign any acknowledgement that a child was his and was never married and never went to court or was order to pay. He just now got this notice and looking at it the grandmother of his ex-girlfriend has custody of the child. I know he can ask for a paternity test, but if it is proven will he have to pay back child support and is there a limit on how many years they go back. I think the child is around 7 years old. He wouldn't have a problem paying for a child that is his but this is a lot of money to come up with, and he never knew about it.

  • #2
    Originally posted by VThokie View Post
    My boyfriend just spoke to his mother recently and gave him a lot of mail that came to her (she left him as a child, and was raised by his father, so he doesn't have much contact with her). In there is a paper that is from Child Support Enforcement, saying he owes back child support and interest on that. He never got any of these papers before and he never sign any acknowledgement that a child was his and was never married and never went to court or was order to pay. He just now got this notice and looking at it the grandmother of his ex-girlfriend has custody of the child. I know he can ask for a paternity test, but if it is proven will he have to pay back child support and is there a limit on how many years they go back. I think the child is around 7 years old. He wouldn't have a problem paying for a child that is his but this is a lot of money to come up with, and he never knew about it.
    First he needs to contact the CSE agency to find out the case nuber.

    Second he needs to go to the court where the CS order was issued and get a copy of the order and find out how service of original petition was made.
    It is possible that he was "served" at his Mom's, she signed but never told him and paternity/CS was determined by default. If this is what happened there isn't anything he can do except pay the CS arrears and all future CS.

    IF he was never properly served (no one signed for service) he'll need to get an attorney ASAP.

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    • #3
      Yes. If the child is his, he will have to pay back all those years. Thay will get it from his check, bonuses, even taxes. That is what happened to my ex husband. He just stopped paying and left the country for 3 years, when he came back, he had to pay all of it back with interest.

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      • #4
        In Virginia, nobody has to "sign" for service. If noone is home or nobody answers the door, they will stick the papers somewhere nearby and call it done. It's very likely that nobody ever recieved any notice of the proceedings at all.

        Even if the court determined paternity by default (which I have never heard of happening in VA, but it may be the case) he can still request an actual DNA test if he believes the child is not his. He will almost definitely have to pay for the cost of the DNA test.

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        • #5
          Originally posted by rainasky View Post
          In Virginia, nobody has to "sign" for service. If noone is home or nobody answers the door, they will stick the papers somewhere nearby and call it done. It's very likely that nobody ever recieved any notice of the proceedings at all.

          Even if the court determined paternity by default (which I have never heard of happening in VA, but it may be the case) he can still request an actual DNA test if he believes the child is not his. He will almost definitely have to pay for the cost of the DNA test.
          Wow, that's really lousy. It's sad that some state's don't require proof of service before entering court orders that can virtually destroy lives.

          It's nice to know though that he can still request a DNA test.

          Thanks for the info about VA. I learned something today.

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          • #6
            Yeah it is kind of a crummy way to go about serving someone, isn't it? A stiff breeze could blow the papers away and nobody would have any idea they were ever there.

            There only need to be "reasonable" attempts at notifying the responding party of the proceedings, and if the respondant doesn't show they assume it is by choice and not because they never got the summons.

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