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What is a Default Paternity
Judgment? The
injustice faced by victims of false
default judgments is so outrageous
that many people find it hard to
believe. Matt Welch of the Los
Angeles Times explained the
process by which this happens well
in his article
Injustice by Default: How the effort
to catch 'deadbeat dads' ruins
innocent men’s lives (Reason
Magazine, February 2004). Welch
was unaware of this problem until it
happened to a longtime friend of
his. Below are some excerpts:
"The
system aimed at catching 'deadbeat
dads' illustrates how a
noble-sounding effort to help
children and taxpayers can trample
the rights of innocent people.
"Here’s how it works: When an
accused 'obligor' fails, for
whatever reason, to send his
response [to the court summons] on
time, the court automatically issues
a 'default judgment' declaring him
the legal father. It does not matter
if he was on vacation, was confused,
or [as often happens] didn’t even
receive the summons, or if he simply
treated the complaint’s deadlines
with the same lack of urgency people
routinely exhibit toward jury duty
summonses -- he’s now the dad. 'In
California, you don’t even have to
have proof of service of the
summons!' says Rod Wright, a
recently retired Democratic state
senator from Los Angeles who tried
and failed to get several
paternity-related reform bills,
including a proof-of-service
requirement, past former Gov. Gray
Davis’ veto. 'They only are
obligated to send it to the last
known address'...
"Once paternity is
'established'...to collect the
money, the county may put a garnish
order on the purported father’s
paycheck or place liens on his
assets. If the mother has received
welfare assistance after the child
was born, the man will be hit with a
bill to pay back the state, plus 10
percent annual interest...
"If
the father falls 30 days behind on
his payments, he will be blocked by
law from receiving or renewing a
driver’s license or any
"authorization issued by a board
that allows a person to engage in a
business, occupation, or profession"
-- a category that includes teaching
credentials, fishing licenses, and
state bar memberships. If his credit
rating was good, it won’t be any
more. If his past-due tab exceeds
$5,000, the U.S. State Department
won’t issue him a passport...
"'When you tell people about the
inequities of the system,' Wright
says, 'they’re surprised. They go,
‘This is America! You couldn’t do
that!’ And I go, ‘Yes, you can.’
"...fighting a paternity complaint
is nearly inconceivable without
legal representation, which Wright
says costs a 'minimum' of $2,000.
"The systems for establishing
paternity and providing child
support are replete with legal
deadlines that vary from state to
state...If, for what-ever reasons,
any of these deadlines aren’t met,
no amount of evidence can move the
state to review the case...Unlike
capital murder convictions, which
are being overturned around the
country because of DNA evidence,
family court cases typically hew to
the 'finality of judgment' principle
to prevent disruptions in children’s
lives. Or, in the words of former
California legislator Rod Wright,
'It ain’t your kid, you can prove it
ain’t your kid, and they say, ‘So
what?’"
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DPJP member Glenn Sacks discusses default paternity judgments on KSCO
AM 1080 in Monterey, California, 9/8/06
Crisis in False Paternity Judgments
CNSNews, 8/24/06
New American Bar
Association Article Points to Crisis in False Paternity Judgments
Baltimore Sun, 8/20/06
The Innocent Third Party:
Victims of Paternity Fraud by Ronald K. Henry, Family Law
Quarterly, Summer 2006
Who's Your Daddy? by Cecily Ruttenberg, Metro Silicon Valley,
7/19/06
Painless Paternity Tests, But the Truth May Hurt by Mireya Navarro,
New York Times, 10/2/05
Fox 6 News [San Diego] airs a story on
DPJP's Taron James, 8/6/05
Hot 92 Jamz FM host Josefa Salinas interviews
DPJP member Marc Angelucci, 7/17/05
Fox 6 News [San Diego] airs a story on
DPJP's Taron James, 5/13/05
Law aids paternity fraud victims by Cheryl Wetzstein, The
Washington Times, 1/16/05
Dads 'by default' hail new law by Cheryl Wetzstein, The
Washington Times, 10/5/04
Man Fights Depublication of Case by Susan McRae, Los Angeles
Daily Journal,
8/19/04
"Court asked to 'depublish' child-support ruling, California agency
wants no 'paternity fraud' precedent" by Cheryl Wetzstein,
Washington Times, 8/19/04
Appeal
Court to LA County: 'We Won't Sully our Hands' Enforcing False Paternity
Judgments,
His Side with Glenn Sacks, 8/8/04
Fox 6 News [San Diego] covers DPJP's Taron
James' case, 7/28/04
more...
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