Posted on 10/28/2014 8:54:32 PM PDT by 2ndDivisionVet
(VIDEO-AT-LINK)
The State of Michigan is ordering a Detroit man to pay tens of thousands of dollars, or go to prison. The reason? He owes back child support for a child that everyone agrees is not his.
"I feel like I’m standing in front of a brick wall with nowhere to go," said Carnell Alexander.
He says he learned about the paternity case against him during a traffic stop in Detroit in the early 90s. The officer told him he is a deadbeat dad, there was a warrant out for his arrest.
“I knew I didn’t have a child, so I was kind of blown back,” said Alexander.
The state said he fathered a child in 1987, and ignored a court order to pay up. It was the first Carnell had heard of the court order. He'd never even met the child.
“And when you were telling them in court – that it was not my child?" "They told me it was too late to get a DNA test," said Alexander.
It also was not easy to get a DNA test. Alexander didn't know where the woman was that had claimed he fathered a child. He only had an 8th-grade education, off-and-on employment at the time, and no money to hire help....
(Excerpt) Read more at wxyz.com ...
If you have relations and acknowledge a kid as yours, you’re on the hook.
Moral of the tale being don’t sleep around and if a woman gets pregnant, get a DNA test before signing any papers.
‘Nuff said.
Time to find a lawyer that will work pro-bono and 1) Sue the process server and the company he worked for 2) Sue the mother for Fraud 3) appeal the decision and take it to a higher court. Surely a good lawyer could make some money out of this!
No, they separated then after several months she went and got artuficially inseminated, had twins with someone elses sperm.
These were not his biological kids
This is typical for the state. My sister divorced a while back. Part of the divorce was child support. Her ex paid it to her. The state said he never paid it to her. She said he did and he showed cancelled checks for it. State said that doesn’t prove anything and threw him in jail for three months till he caught it up on work release.
The state of Michigan sucks when it comes to the treatment of men after a divorce. I have so many people I know who were just screwed by the state.
“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass — a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience — by experience.”
Charles Dickens
“Oliver Twist”
The process server worked for an organization affiliated with the Family Court called "Friend of the Court". . . and it seems to be heavily corrupt. They've been accused of doing similar things to this fake serving of papers, as well as extortion through threats of retribution, and embezzlement of child support payments, etc. No one is willing to touch it. The Attorney General of Michigan won't. They seem to be invulnerable to investigation. . . as they are close to the Family Court prosecutors and judges.
You’re close. He needs to argue that the judgment is void because the state did not get good service on him. Without good service, the court that entered the judgment didn’t have jurisdiction over him and the judgment is therefore a nullity.
It’s usually hard to contest service this long after the fact, but here he can prove he was incarcerated at the time of service and could not have been the person the process server encountered.
Typical Democrat / Liberal War on Men.
Can the governor issue a pardon on something like this in Michigan? It shouldn’t require that but it appears the judge is being absurd - a reasonable judge could look at this situation and just dismiss it on the court’s own motion.
The bottom line is that the mother shoudl be thrown in jail for lying about paternity and the State should pay the guy all attorney fees plus some for pursuing such a bogus case.
Good grief...they did it even though the recipient confirmed she got it?
Prosecute the process server.
From the article...
The court focused on a summons tied to the paternity case in the late 1980’s. The state sent a process server to Alexander’s dad’s house in Highland Park to let him know about the paternity case. The process server turned a document into the court saying Alexander was delivered the summons, but he refused to sign the summons.
“I wasn’t there. I couldn’t refuse to sign,” said Alexander.
An Evidenciary hearing or something similar must be petitioned for. The Accused must be allowed to confront the witness against him. Simply citing a document isn’t sufficient. In this case the process server who submitted a falsified document in a legal proceeding claiming to have served the Accused. As the Accused was in custody, the Server might be up on charges for submitting falsified documents. The statute of limitations won’t run until knowledge of the falsificaton is reasonably discovered. That would be now.
(1) incompetent judge should be removed from the bench.
(2) the woman that put him down as the father should be locked up for welfare fraud and required to pay the $30,000.
(3) the guy should be able to sue the state. It wouldn’t set very well with me if I had been wrongly imprisoned.
Why are you saying that! None the parties involved in this dispute were married!
Regards,
That is unnatural and serves to undermine the institution of marriage.
Until recently genetic testing didn't exist.
Society solved the problem of child support by insisting a man can only be responsible for the children of the woman he is married to.
Therefore, any woman who has a baby as a result of having sex out of wedlock would be the sole supporter of the child (not some man she claims is the father and not the state, either).
Sounds cruel, but it is the lesser evil.
She couldn't just run around saying this guy or that was the father and have the state go after the guy.
And so for a woman to make a baby and to have sex, she'd better first find a husband to do it with.
And the man, taking the woman to wife, is then legally obligated to support any baby his wife produces unless he could produce evidence she cheated on him, in which case he should be allowed to divorce her.
And a case where he was never served.
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