I'm a disable Veteran and when my off and on girlfriend told me she was with child and I am the only person she had sex with. We got married July, 01 baby was born in Aug, 01. We were together until I had back surgery the doctors wasn't sure when are if I could go back to work so she put me out. I found out later that she only married me for my V.A Comp and the baby wasnt mine I didn't want to believe it but in April of this year I had a DNA test and i'm not the father She gets $400.00 a mth sent to her from the V.A out of my check for support, She has Medical and when the baby goes to college the V.A will help with that as well and if that not enough the baby can't visit me what she doing should be a crime. Please help me
Thanks
2006-07-12 19:38:57 · 16 answers · asked by James S 1 in Business & Finance ➔ Personal Finance
I didn't use potection so that means that the real father loses his rights???
2006-07-13 09:07:38 · update #1
Get the DNA proof and fax it to your VA's office right away and let them know that this isn't your child after all and that you want it stopped! They actually should make her pay back the amount that she's received from April of this year (when you found out this child wasn't yours) until now since she knew it wasn't yours and you have proof of it!
2006-07-12 19:42:25 · answer #1 · answered by alacaliwest 3 · 0⤊ 0⤋
The courts are inconsistent, and often irrational, on this issue. The reason is that virtually the sole issue for consideration is "the best interests of the child", which invariably mean the court getting your money for the child. If the issue of paternity has not been finally determined by a court it may be possible to use the DNA facts, and it may be possible to annul the support decree. The fact that you were married to her and that the husband of the mother is generally deemed to be the father (whatever the facts), make this more difficult. From your standpoint the best strategy is to locate the real father and have him voluntarily accept paternity.
What happened to you has happened (other than the VA part) for millennia. This is fraud, and I only wish there were some way to get society and the courts to do something about it. But unfortunately not only can't society protect people (suckers) from being victimized, society tends to blame the victim. You.
2006-07-13 02:48:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The VA will not terminate the wage garnishment unless they receive a court order signed by the judge stating child support and order is vacated!
I dont know what state you reside but you should contact the courts, (in NJ it will be family court) and file for a motion to terminate child support as child is not yours -(as per DNA exam) Im not entirely sure wether your test is admissible but IF it isnt they will ask you to take the test again.... Contact your case worker or supervisor ASAP and file for the motion- The sooner it gets done the sooner the VA will recieve the wage garnishment termination letter! ----------After all this is taken care of then u can take her to court to get reimbursed for all the money you gave her! Good Luck!
2006-07-15 13:58:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The laws vary from state to state, it depends upon Virginia's. Keep in mind, however, that the state is not very compassionate about those things. It keeps the lie about "the best interests of the child" so it can ignore things like due process and the truth, and so on and so forth. Check with a lawyer.
2006-07-18 17:56:54 · answer #4 · answered by John F 3 · 0⤊ 0⤋
If you have a DNA test proving you're not the father, all you need is the paper the proof is written on. Take it to the VA. Or, contact a family lawyer. Good luck.
2006-07-13 02:43:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Hi I'm Garry,
appeal it, take it back to court and ask them:THE COURT" for a DNA test to prove it's not yours.. As easy as that.. insist on a DNA test with you appeal in court though make sure you've got a good lawyer!
Simply wishing you the best of luck,
Garry
2006-07-13 02:51:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Take her to court and tell the V.A. to stop the support. As long as you have the proof you'll be ok. You may be able to get past payouts as well.
2006-07-13 17:12:26 · answer #7 · answered by King H 6 · 0⤊ 0⤋
appeal and get the judgement overturned. also see if you can be reimbursed at all. you might even be able to get money back by procecuting on grounds of fraud (that is a serious offense and she knew the child was not yours). as the child is not yours you can get all those benefits being paid to her and the child overturned as well. call the VA asap and talk to them about the situation too giving them proof. they may decide to prosecute as well since she was ripping them off too.
2006-07-13 02:43:31 · answer #8 · answered by still learning at 56 5 · 0⤊ 0⤋
Take those DNA results to a lawyer and have those payments stopped. She may even have to reimburse you and the VA. She is in trouble if she defrauded the gov't of any of your benefits.
2006-07-16 13:29:16 · answer #9 · answered by donnabbb43 2 · 0⤊ 0⤋
It is a crime. It's called fraud. Write down the facts, consult with the VA legal services. Also, do not let your emotions get the best of you. If you do, know one will help you. Good Luck.
2006-07-13 02:49:30 · answer #10 · answered by John Z 4 · 0⤊ 0⤋