.. records are key to securing support

 

            Posted on Apr 23,2006    .     

            Paternity, finance records are key to securing support

Q.   I have two kids, 10 and 13, by the same father though we got . We broke up several years ago.

He is a disabled Veteran. He told me he received VA (Veterans Administration) benefits. He also was on Social Security Disability Insurance. So, over the years, I've been getting about $250 a month per child from SSDI for support of the kids. I've been a working mother since we separated.

Here's my problem. I just got a notice from SSDI that it was stopping those payments because they found out he's been working since 1999!  What should I do now?

B.L. Roslindale


A. If a court hasn't already issued a judgment that he is the father, you need to file two complaints for paternity one for each child. Most states now require the parents and children to give saliva samples so that an HLA blood test can be performed.

This has nothing to do with questioning your claim. The courts want to do everything they can to avoid someone coming back years later saying they are not the biological father.

The HLA test tells you, to a 99.9 percent degree of certainty, that he is the biological father. Next, both you and the father will have to file financial statements, signed under the pains and penalties of perjury. The only problem is , if he lied all these years to SSDI, he might also lie to the court.

So, you want to ask the state Department of Revenue to find out and tell the court where he has been working all these years and how much he has been making.
If the DOR won't do that, then ask the court to force him to let you get a copy of his credit report. That should give you some leads.

Once the court has the financial statements in hand, it will use the child support
guidelines to establish a basic-child support order.

One last point. In your case, even if the HLA test shows he is not the biological father, he has held himself out to be the father over all these years. So there is a good chance the court will still make him pay child support.