I was defaulted in paternity suit in November 2012. How to fight it and get DNA test.

Asked about 1 year ago - New Port Richey, FL

My Spanish-speaking only GM was served. She is also mentally incompetent. I never saw papers until she went to ALF and helped clean house. At same time my wages were garnished. I did fail to change my address after I moved out to another place nearby. Have proof of all of the above. I submitted motion back in January to set aside judgment. Case was open already as DOR wanted to modify judgment to increase payments. I thought my motion would be heard in the Feb hearing but it was not addressed. Case is still open. Docket shows motion and documents were received. No hearing date set yet. Do I need a lawyer? How much will this cost approximately? Thank you.

Attorney answers (5)

  1. Sandra Kia Ambrose

    Contributor Level 10

    4

    Lawyers agree

    Answered . You will need an attorney. Setting aside a default is not a simple task. As an aside, please know that you filing a motion with the court and the clerk docketing it, does not mean anyone will set that motion for hearing. You would need to contact the judicial officer who heard the case and who will hear your motion to set the hearing. You need to know that the DORCSE office enjoys a special set of rules for setting hearings. They are particular to each county so you will want to address that and your cost question with the experienced local family law attorney with whom you consult.
    Best of luck.
    Sandra K. Ambrose

    This response is only intended for informational purposes and is not intended as legal advice or as a substitute... more
  2. Robert M Chambers

    Contributor Level 14

    2

    Lawyers agree

    Answered . You need a lawyer! Here's why. The income that will be imoputed to you minimum will be around $25,000. That's going to result in a child support amount of $4,000 per year (approx). How old is the child, four? How many years to majority. 14 years times 4000 (for example) = $56,000. Looking at a hypothestical obligation that will come out of your salary, tax refund, social security, etc., how can you even think that you should not have a lawyer now? The procedural issues and disestablishmnet of paternity are beyond the scope of this site. This is one of the few situations where it is penny wise and hundreds of pounds foolish to fail to get your own counsel!

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client... more
  3. Russell George Marlowe

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You need to speak with an attorney with experience in the family law/paternity field and review your specific situation with her/him. My office is in New Port Richey. Please feel free to contact my office to schedule a consultation.

    Russell G. Marlowe, New Port Richey, Florida (727) 847-0055. Mr. Marlowe is an attorney with 25 years experiences... more
  4. John Arthur Smitten

    Contributor Level 18

    Answered . Just because you filed something, you have to set the matter for hearing on your own the clerk will not do it for you. Yes you need a lawyer.

  5. Jay Bodzin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, you need a lawyer. There's no way for us to know what's going on in the court, based just on a few lines on the internet.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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