Miami, FL asked in Child Support and Family Law for Michigan

Q: How do I contest a child support order from 1992 where I was never served a for a hearing to determined paternity .

The mother informed friend of court that I'm not the father of a 33 year old female.Im paying arrears for assistance

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: You are quite likely stuck. Paternity was probably established by default (i.e. you were named the father and never responded to say otherwise). All the state needs to do is attempt service by mail to your last known address or by publication; presumably, one of those two things happened. When that happens, the state does not need to prove paternity. Your fight is now with the state, who is seeking compensation from you for assistance provided. It does not matter that the mother now agrees you are not the father. The only way to remove yourself from this situation now would be for paternity to be established with another man.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.