Printer Friendly
The Free Library
22,710,190 articles and books

California agency will seek to depublish paternity ruling.



In an unusual, sharply worded opinion, California's Second District Court of Appeals has ruled that a man does not have in pay support for children he did not father, even though he missed the deadline for challenging the judgment against him. (County of Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  v. Navarre, No. B155166 (Cal. Ct. App. June 30, 2004).) And in a controversial aftermath, a state child protection agency is asking the state supreme court to depublish the ruling so it cannot be cited in future "paternity fraud

Main articles: Paternity (law) and Paternity testing
The term paternity fraud came into common use in the late 1990s to describe the act of falsely naming a man to be the biological father of a child, when the mother knows (or
" cases.

The dispute goes back to 1996, when a woman in Los Angeles County filed a claim to establish paternity The state or condition of a father; the relationship of a father.

English and U.S. Common Law have recognized the importance of establishing the paternity of children.
 and request child support, naming Manuel Navarro as the father of bet two sons. After Navarro failed to respond to a summons, the county filed a default judgment requiring him to pay $247 a month.

In 2001, Navarro sued the county, claiming he never had a relationship with the woman. He produced DNA evidence Among the many new tools that science has provided for the analysis of forensic evidence is the powerful and controversial analysis of deoxyribonucleic acid, or DNA, the material that makes up the genetic code of most organisms.  showing he was not the children's father; claimed he had never received notice of the original summons; and pointed out that San Bernardino Country, where the mother had also filed for relief, had dropped its paternity suit A civil action brought against an unwed father by an unmarried mother to obtain support for an illegitimate child and for payment of bills incident to the pregnancy and the birth.  against him.

But under California law, the deadline for challenging a paternity judgment is six months, and Navarro had waited almost five years. Noting this, the trial court granted summary judgment to the county, ruling that although Navarro proved his case, by law he was still obligated ob·li·gate  
tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates
1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force.

2. To cause to be grateful or indebted; oblige.
 to make the sup port payments.

The appeals court conceded that under a "narrow, technical reading of the controlling case law and statutes, with their emphasis on the public interest in the finality of judgments," the trial court was correct.

The opinion stated, "Sometimes even more important policies than the finality of judgments are at stake, however. Mistakes do happen, and a profound mistake occurred here when appellant was charged with being the boys' father, an error the county concedes.

Instead of remedying its mistake, the county retreats behind the procedural redoubt re·doubt  
n.
1. A small, often temporary defensive fortification.

2. A reinforcing earthwork or breastwork within a permanent rampart.

3. A protected place of refuge or defense.
 offered by the passage of time.... It is this state's policy that when a mistake occurs in a child support action, the county must correct it, not exploit it."

The court concluded, "We will not sully ore hands by participating in an unjust, and factually unfounded, result. We say no to the county, and we reverse."

Immediately after the ruling was issued, the Los Angeles County Child Support Services support services Psychology Non-health care-related ancillary services–eg, transportation, financial aid, support groups, homemaker services, respite services, and other services  Department announced that it would request that the case be depublished.

"I never would have dreamed that this would be the outcome," said Linda Ferret of Santa Ana, who represented Navarro. "It is a very fair decision, it is very good law. But if they depublish it, nobody can rely on it.

"They are saying that superior courts will misuse this ruling. What they're saying is, they don't trust judges," she said.

Lawyers for the child support department have argued that the facts of Navarro are too narrow to set precedent. In an interview with the Los Angeles Daily Journal The Los Angeles Daily Journal is the oldest newspaper serving the legal community in Los Angeles, California. External links
  • Daily Journal official site
, a legal newspaper, department director Philip Browning said that the decision would cause confusion because it lacked guidelines on how to apply it fairly in different situations.

No legal motions to depublish had been filed at press time. But Ferrer said the fight over Navarro has highlighted a little-known fact about the state's child support agencies: "The problem of paternity fraud is huge. There are thousands of men who have DNA DNA: see nucleic acid.
DNA
 or deoxyribonucleic acid

One of two types of nucleic acid (the other is RNA); a complex organic compound found in all living cells and many viruses. It is the chemical substance of genes.
 to prove that their judgments are unfair. It goes on far more often than people imagine."
COPYRIGHT 2004 American Association for Justice
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.
Garrett
Garrett Rubino (Member): What now? 3/14/2011 12:14 PM
I am going threw the same thing right now. I finally proved the child was not mine nor did I ever have relationship with the child. The court set aside judgment and that very same month I get a bill dated the date I went to court. Now they Have holds on my tax return(again) and are in the process of intercepting it(again). What can I do from here? Am I entitled to my money back?

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Author:Sileo, Carmel
Publication:Trial
Date:Nov 1, 2004
Words:590
Previous Article:Hours from a 'make whole' award count for FMLA eligibility.
Next Article:Eleventh Circuit upholds doctors' federal class against HMOs.
Topics:



Related Articles
Paternity settlements ruled unconstitutional by Michigan court.
DNA evidence allowed in post-death paternity suit.
Preference of awarding custody to fit biological parent is not absolute.
States get creative with child support enforcement.
Fathers may seek DNA tests to reopen paternity cases, Maryland court rules.
MAN BATTLES TO REVERSE UTAH ADOPTION.
Dad blood: if DNA tests prove that you're not your children's father, do you still owe child support? (Columns).
Established relationship with child trumps DNA, Wisconsin court rules.
State appeals courts focus on intent in egg, sperm donor cases.
In a twist on paternity cases, absentee father is denied genetic test.

Terms of use | Copyright © 2014 Farlex, Inc. | Feedback | For webmasters