Child support and paternity
Child support is often times a very significant expense to the payor. When the payor is in fact not the parent of the child, it is easy to see why these laws are enacted. While the Court will not award the reembersment of child support already paid for a child not born of the payor, it can get rid of the debt, and sometimes the arrears.
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Paternity testing law set to expire in California
35 S.J. men have used the amnesty
SCOTT SMITH
Record Staff Writer
Published Monday, Sep 11, 2006
STOCKTON - It may be the classic case of "He said, she said."
She accused you of being the daddy. You're confident it's somebody else's baby.
The state sends you a letter demanding child support - or else - but you do nothing to fight the claim. Wrong or right, the state attaches your wages, or debt stacks up into thousands of dollars. Not everybody thinks that is fair.
For some men, there could be a way out. DNA paternity testing under a little-known state law allows men a brief amnesty period to prove they are not a child's father and erase huge debt or avoid more payments. The life of that law, however, is about to end.
"A lot of times, guys will get served with this stuff, say 'I'm not the father of this child,' and throw it away," said San Joaquin County Superior Court Commissioner Herbert Horstmann, who presides over paternity cases and backs the law.
"It's a valuable program for guys sitting out there who were told they were dad."
The law enacted in 2005 allows for a two-year period of time to challenge their paternity. Though there is confusion, the law could end as soon as Oct. 28 or by the end of the year.
The law applies to men who did not fight, for one reason or another, the mother's paternity claim in the six months after being served by the state with papers naming them as the father.
Family law specialists in San Joaquin County urge men who think they were wrongly named as the legal father to take advantage of the testing. Counties throughout the state want the law extended, giving men more time for testing to clear up unnecessary debt.
In San Joaquin County, 35 men have filed a challenge saying they are not the biological father. Of those, about 10 have been exonerated through DNA testing and a total of $173,000 of unpaid child support has been wiped away.
Statewide, at least 1,455 men filed challenges to their paternity last year, with 397 of them cleared of fatherhood. That relieved fathers a total of $6 million in child support debt. That debt falls on the taxpayers. In all of California, as much as $16 million in child support is due.
Sheila Ballin, San Joaquin County's family law facilitator, said a man who has proved he is not the biological father won't necessarily be let off the hook. If he has filled the fatherly role, a judge reviewing the case likely won't set aside the responsibility he took on, she said.
Men also are not allowed a reimbursement of the money they paid if they are cleared.
Many men find themselves named the father because of state regulations.
When a mother applies for public assistance, she has to name the father of her children so the state can try to recoup child support it will pay the mother.
In other cases, women seek child support on their own. If the man does not challenge the paternity claim in six months, the state holds that man to be the responsible father.
Ballin said state prisoners number among the biggest group applying to have their paternity challenged. She receives on average five letters a day.
"A lot of them say, 'You already have my DNA on file,' " said Ballin, who would like the amnesty period extended. "I wish it would stay open forever."
State Sen. Roy Ashburn, R-Bakersfield, co-authored the bill. A spokesman for Ashburn said the senator will consider in the coming weeks and months if he will introduce it again.
Linda Mascarenas, executive director of the Center for Positive Prevention Alternatives in Stockton, works with teenage runaway mothers. She agreed that the law unburdens men who were wrongly named.
"This gives him the opportunity to say, 'Hey, I'm not the father,' " she said. "I guess, if they're not involved and they're not the father, they shouldn't have to pay for it."
Comments
I have a 49 yr old brother that is ready to retire from society and his life. He has conducted his life and paternity poorly but is a veteran and a good human being. He owes tens of thousands of dollars in back child support and is indigent and hopeless. Is there any avenue for clearing arrear amounts and allowing him to pick himself up and trying to become a functional contributing member of society again. If he were to expose himself he faces jail and at best garnishments that would prevent him from supporting himself on the remaining amounts..Is there an out besides suicide or roaming into the wilderness? Any suggestions are welcome...Thx David A. Farkas
Posted by: David Farkas | December 25, 2006 8:04 PM
Thanks for the question. I empathise with your brother's situation. The answer is unfortunately 'sort of'. California law does not permit the Court to modify the arrears in any child support action. However, if the child's mother wishes to negotiate a deal, that is highly encouraged. I have done some deals where the payor pays a lump sum that is significantly less than the amount of child support.
Posted by: Tilden Moschetti | December 27, 2006 11:06 AM