Posted on 10/14/2008 4:39:29 AM PDT by RogerFGay
Brande Samuels, 29, shows some
of the child support documents from
the Oklahoma Department of Human
Services. Samuels has been forced by
the state to pay child support for a
child but DNA tests show he is not the
father. SHERRY BROWN /
Tulsa World Friday
He promised himself and his family that when he left his prison cell, he would work hard to build a stable and positive life. After two years in prison, he was released early on good behavior and worked for less than minimum wage while he trained to become a welder. But that's when he first got notice from the Oklahoma Department of Human Services' Child Support Enforcement Division that he owed child support, he said.
Now, Samuels owes about $13,000 in back child support, he lives with his ailing grandfather and DHS seizes portions of his wages every month. "The last four years have been the worst in my life," Samuels said about life since leaving prison in 2004. "I went into so much debt." Samuels said under other circumstances he would take full responsibility for the child as a father should.
But he is not the father.
0.00 percent chance
Samuels was aware of the possibility that he might be the father during the pregnancy, he said. But the mother had been in another relationship at the same time.
"She wouldn't even allow me to sign the birth certificate," he said.
Two months later, the mother — Nadia Smith — put his name down as the father when she filed for child support, which Samuels wouldn't learn about until after his Oklahoma prison sentence, he said.
"They make (the mother) give up a name for the potential father. If she doesn't give up a name, then she can't get any assistance," Samuels said about the process to receive child support.
Jeff Wagner, spokesman for DHS, said when a mother is opening a child support case, she names the alleged father and provides "a great deal of information" in the Mother's Affidavit of Paternity.
In 2004, when Samuels left prison and learned of his obligation to DHS, case workers told Samuels if he wanted to fight the original order and get a hearing, he needed a lawyer, he said.
"I just want to be heard," he said. "The court was made for justice. It was made to help make the right decision."
Samuels did not have enough money to pay a lawyer, and no one would take his case for free, so in 2006, he approached Neighbor for Neighbor, a Tulsa nonprofit organization. They helped him prepare papers to require the mother to provide the child for a DNA test.
He found out then that the mother had left the state and had to be tracked down. She had left Oklahoma for Texas, Texas for Iowa, and then Iowa for Mississippi between 2004 and 2007, he said.
Neighbor for Neighbor helped Samuels track her through the courts and filed court papers seeking a DNA test from the child in March 2007, according to court records.
Two months later, Samuels received DNA evidence that the child support had been based on a false assumption. He was not the father — 0.00 percent chance.
"I was hurt. I was actually hurt because they put me through all this stuff without the child even being mine," he said.
After his three years of work, he believed he would be forgiven all his debt for the child, he said.
But it wasn't forgiven, and according to Oklahoma law, it won't be forgiven.
Default fatherhood
In child support cases, the burden of proof is on the alleged father — the accused — according to Oklahoma statutes.
An alleged father must appear at a child support hearing to request a paternity test. If he does not appear, he is legally designated as the father and child support is established in most cases.
Once designated as the father, that person is financially responsible for the child until he or she is 18 or adopted with a few stipulations for petitions which may vacate the original order, according to Oklahoma statutes.
DHS records show that Samuels was served papers to appear for his child support hearing in 2001, but Samuels said he was working in Texas at the time and could not have received the notice.
Wagner said by Oklahoma law someone can be legally served if the subpoena is put into the hands of someone 15 or older who lives at the same residence as the person.
But Samuels said the documents never touched his hands.
Regardless of the outcome of the DNA test, which Samuels spent three years trying to get, it was already too late.
Samuels was ruled the default father in 2001, and legally, DNA has no bearing.
"If you got me on default, you should still have to prove that I'm the father," he said.
This is the second recent story in the media of a default father being forced to pay child support in a bureaucratic nightmare with DHS.
The first, reported by The Oklahoman, was about Micheal Thomas of Tulsa, who had shown that he had never even met the mother and that he had DNA evidence that showed he wasn't the father. Still, he became a default father after missing his initial court hearing.
DHS does not keep statistics on the number of established fathers or default fathers who are not genetically related to the child they are responsible for, Wagner said.
In the eyes of the law and DHS, once paternity is established, there is no difference.
DHS officials would not comment on whether any changes have been made in establishing paternity since the Micheal Thomas case was reported.
Paternity figures
Between April 1, 2007, and March 31, the state Department of Human Services established paternity of 20,452 children in Oklahoma of those cases, 5,208 were forced through court order, according to DHS Child Support Enforcement Division records.
In the same time period, there were 3,127 paternity tests conducted in DHS cases. Of those, 781 of the alleged fathers were found not to be the genetic father and were released from the case.
Jarrel Wade 581-8310
jarrel.wade@tulsaworld.com
What Pierce didn't realize, and what nearly 10 million American men have discovered to their chagrin since the welfare reform legislation of 1996, is that when the government accuses you of fathering a child, no matter how flimsy the evidence, you are one month away from having your life wrecked. source
can’t let the facts get in the way of a good government sponsored lynching, now can we?
If the mother was “in another relationship at the same time”, SHE doesn’t even know.
This sucks, the guy is being railroaded.
The same BS occurs here in NC. Bad law in any case and the states refuse to do anything about it. It is akin to false imprisonment and then being cleared by DNA tests.
The woman should pay restitution.
Not only that, I read a case a while back where a factory worker got pregnant and named a young single engineer in the company as the father. They never even dated, went out together....the woman lied; DNA tests showed the young man 0.0% the father; the state still slapped the support payment to the male. Go figure.
“You will see him on TV any given Sunday
Win the Superbowl and drive off in a Hyundai.
She was suppose to buy your shorty TYCO with your money,
She went to the doctor, got lypo with your money.”
I think this was part of the republican welfare reform. To deny welfare benefits unless the father was named.
Mr. Gay has acknowledged in past threads that he is in fact the very same one who writes (exclusively on child support issues)from Sweden.
Why do I persist? Simple, I think that any guy who walks away from financial support for his own kids is no man,
It’s driven by federal funding - an intentionally corrupt pork-barreling scheme.
http://www.geocities.com/CapitolHill/5910/Job_Related/Rogers_Resume_2006_SV.htm
Wow!! That’s good stalking.
Stalking? I guess the cop in me recognizes bullshit when it shows up. A two minute search proved him a liar.
Not a bad idea. I think a return to old-fashioned behavior would end a lot of this thing. That is, two people get married, then they have sex but only with their marriage partner. It didn't prevent all men from cuckoldry but it worked for a very large percentage of them. All of this rutting around like wild dogs going from dog to dog to dog is a large part of the "paternity problem."
The point of the article is that this man is NOT the biological father, yet is ordered to pay support for a kid who is not his. Did you even read the article?
I am a woman who writes only on "men's issues" on the internet. Does that mean I'm a "deadbeat dad" too?
You said above you "think." From what I've seen of your writing here, I doubt it very much.
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