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?’"

 

 

 

 

DPJP News

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...