This guy has a right to be pissed, don't you think?
By Wendy
@jerzgirl (9291)
United States
December 6, 2008 1:56pm CST
His wages were garnished for a child that was never his, that he'd never heard of, and despite his asking for a DNA test, the state refused to permit it saying they'd already determined that he was the father. Right. In the meantime, the REAL father claims he's always supported his child.
How did this happen? Bureaucratic idiocy - people who are determined to close a case, regardless of the facts. Two men with the same name, but the wrong one got pegged.
http://www.phillyburbs.com/pb-dyn/news/1-12062008-1633241.html
Now they refuse to give the money back saying they weren't wrong to do that. Everywhere I've lived, the state requires a paternity test before hitting someone with child support, unless the man admits to being the father. It's only fair, right? Apparently not in Pennsylvania. That disappoints me....and angers me!
Plus, if the true father has always supported his child (who now lives with him), how is it that they felt it necessary to take this other guy's wages? Doesn't that imply double payment? And, they won't give the money back? I say he should take it to court - the state failed in it's burden of proof that this guy was the father when the real father was already in place and acknowledging the child. They didn't do their jobs properly, despite their saying otherwise. Don't you agree?
5 people like this
16 responses
@Thumper11 (662)
• United States
7 Dec 08
I would take it to court. The state received double payment for a child. This is in no way right. If the other man claimed the child all along, then why the hell won't they pay the other guy back. I would understand if the other father was not claiming the child too and the child was in need of help, but if one is claiming him and supporting him, why is this poor man not being reimbursed for his payments......... I would demand a paternity test in court and if it came back negative I would keep appealing it until the d**n state paid me back my money. But it's a state thing... If they can get the money out of you, they are going to...and you know that they are not gonna pay you back without a fight or an order from a higher power to do so. I think I would write a letter to the governor or something. Anybody in a high office that would listen... I'd go straight to the president if I had to......Money is money and child support is not a little sum of money.....
1 person likes this
@rsa101 (38166)
• Philippines
7 Dec 08
Yeah I guess he needs to contest it to prove that the state is wrong in judging and ordering him to pay for a child that is not his own. I guess there is a mistake in here somewhere and I hope he would try to proved that in court to correct this mistake.
1 person likes this
@marty3888 (2355)
• Acme, Michigan
6 Dec 08
That is ridiculous! It angers me too. Yes, that's double payment. I hope he takes the state to court. And the real father ought to be one of his witness's. Shame on him if he dosen't.
1 person likes this
@Feona1962 (7526)
• United States
6 Dec 08
Yes, well I know I would be pissed beyond repair...Other than a DNA test what proof do they have that he is the father?...I would be so angry....
I would appeal or take it to court or whatever it is that he needs to do..
1 person likes this
@alyssakenzie (462)
• United States
6 Dec 08
They should have to give him all his money back and then some. He even had to spend time in jail and that cost him to lose his job. I hope him and his attorney fight it all the way. This man deserves his money and an apology from the state. They should have given him a paternity test when he denied that the kid was his. The mother of the child should have been aware that the money wasn't coming from the girls real father and reported it to them. If the real father was also paying support and she knew she shouldn't be getting the other money thsn she should have to pay also. I hope this man gets justice for all he went through.
1 person likes this
@ShortyAkbar (384)
• United States
7 Dec 08
Yeah, I'd be pretty pissed to if I was in that situation. I know a guy who went to take a DNA test and he said it was messed up because they wouldn't let him get the results. I don't know how they can get away with somethin' like that.
1 person likes this
@sarahruthbeth22 (43143)
• United States
27 Dec 08
It sounds like he shouldn't get mad, he should get a Damn , good lawyer. And he should sue for 10x the amount of money they owe him.
@tyc415 (5706)
• United States
6 Dec 08
That poor guy needs all that money back plus interest plus compensation for going to jail those times and his record cleared from those charges and jail time. The person who is responsible for doing all of this and not listening and doing the testing should be fired.
1 person likes this
@Barb42 (4214)
• United States
6 Dec 08
And another question to ask is "why were the payments from the second 'father' returned"? Were they going to the mother of the child? She would have known she was getting two child support checks, if the other father was paying? Or, if the real father had the child, why would she even be getting a check? I think Pennsylvania is definitely having problems! Seems some people do not want to take the time to investigate and make sure something is right before pressing for this payment. If I was the guy, I would take it to court! How long was he paying before he got it stopped?
1 person likes this
@mariposaman (2959)
• Canada
7 Dec 08
Guilty until proven innocent, that is the American way. Or is it supposed to be the other way around, I can never quite get that straight, and neither could anyone else in that department. I think they did not use due care and diligence and abused their position. Obviously at the least this guy was falsely imprisoned and should get compensation.
@firemountain (60)
• United States
7 Dec 08
HI THERE:
To start with,
Go to another State have a DNA test. have it faxed to the Judge in that County,
then tell the D A. your taking it to the media.concerning this.
if you have to. contact O'Riley Factor, or Opra.
be sure to get copy's of ever thing.set down and make out a list(AND COPY'S)
of things and prof.so you can't be triped up.don't lose your temper. keep it cool
remember you can catch more fly's with honey then vinegar.Firemountain.
GOOD LUCK
@kuzzon1960 (118)
• United States
8 Dec 08
that is soooooooooooooooooooooooooooo wrong. i thought in this country you were INNOCENT until proven guilty? i am a woman, but it should be that a man should get every opportunity to prove whether he is or is not the childs father.i'm sorry, but that just isn't right.the fact that he wanted a DNA test should give him credit for something. and YES, he does have the right to be P-Oed
@lynnemg (4529)
• United States
7 Dec 08
This guy can hire his own attorney and have a DNA test ordered by a judge. I think that would be the first step. Once the DNA proves that he is not the father, the state would have no legal choice but to return the money. If at that point they still refused to do so, I would sdue them for the money and them some.
There is a legal way for this man to go about getting his money back, but I am sure the state will attempt to stop it it they can. No state wants to admit that they made a mistake, let alone atone for it.
@JenInTN (27514)
• United States
7 Dec 08
It may suck but in the country I live in..if a woman is married and gives birth,the child is automatically considered the husbands child.It is his burden to prove otherwise.Legal action should definately be taken but it will be his place to follow up on it.Sometimes the legal system stinks