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

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.

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Attorney answers 4

Posted

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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Posted

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 who practices primarily in the family law courts of Pasco, Hillsborough, Pinellas and Hernando counties. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs

Posted

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 relationship.

Posted

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.

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