Many
”
fathers
”
compelled by courts to provide child support have a narrow
window to prune the family tree.
Many “fathers” compelled by courts to provide child support have a narrow window to prune the family tree.
DNA tests reveal many “legal” fathers are not biologically related to the children they help support, according to county Family Court Commissioner Jean Flanagan.
“In California, a father-child relationship can be established by law even though, sometimes, the biological element might not exist,” Flanagan said. “That is because of the ‘default’ judgments that are made in paternity and child support cases based on a mother’s statement, sometimes, as to who the father of a child is, without any other evidence.”
The California Legislature passed a law in September 2004 giving fathers who had doubts about their paternity two years to seek DNA testing in limited situations. That window closes on Sept. 28.
Statewide during 2005, 1,455 cases were challenged, and almost half of the “legal” dads who qualified for DNA review were proven not to be the biological parent they were alleged to be. That means that more than $6.2 million billed for unpaid child support went away, thanks to the tests.
In San Benito County alone, five of 10 cases brought were proven to be bogus, and more than $98,000 in judgments set aside last year.
Flanagan said that it’s not unusual for a person involved in a short-term relationship to ignore legal documents alleging paternity under the mistaken belief that nothing will happen if he does not respond or show up in court.
“But that’s wrong,” Flanagan said. “Instead, a judgment is entered ‘by default’ and, sometimes much later, the man finds his tax refund taken or a wage assignment in place at work.”
Often, Flanagan said, the hapless victim learns of his situation after the period to appeal has passed.
Assembly Bill 252 was passed to address the injustice.
To qualify, the case must be a California default judgment and there must have been no marriage of the man and woman in the case. Thus, the law does not apply in divorce cases. If a real relationship has been established between the father and child, even if there is no biological link, the court as the option of not lifting the prior judgment.
Motions to set aside judgments must be filed before the window closes at month’s end. The judge or commissioner hearing the motion orders DNA testing.
Anyone in San Benito County wishing to request the testing can contact the Superior Court’s Family Law Facilitator office at 390 Fifth St., across from the courthouse, from 8 a.m.-4 p.m. Monday through Friday. The phone number is 637-4079.
A brochure covering the details of AB 252 is available free from San Benito Superior Court, room 205, at the Family Law Facilitator’s office and at public libraries in Hollister and San Juan Bautista. The brochure is printed in Spanish as well as English.
