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Los Angeles, CA--(HISPANIC PR WIRE)--August 8, 2006--The deadline for filing court motions looms closer for many alleged fathers who believe that they have been wrongfully charged with paternity in California child support cases, according to Robert Ackermann and Bernal Ojeda, noted California child support attorneys. The problem seems especially acute in the Hispanic community because of confusions over names, lack of proper service of legal papers and fear of the legal system, according to the two attorneys.
California law now allows an alleged father to request DNA testing to determine if he is indeed the father of a disputed child. If the DNA results are negative, the plaintiff may then request the court to void associated paternity judgments and child support obligations, so long as he does not have a relationship with the child.
But according to Mr. Ackermann (http://www.childsupportconnection.com), the problem is that in cases more than two years old, the right to request DNA testing to challenge paternity and child support orders will be expiring forever on September 28, 2006.
“Once this law expires,” according to Mr. Ackermann, “even if the alleged father discovers that paternity was established in error, he will still be 100% responsible for all child support. Ironically, the real father, who might even be living with the mother and child, would have no legal or financial responsibility whatsoever.”
According to Bernal Ojeda, in many cases, this law provides the only and last opportunity to provide relief from crushing amounts of back child support owed under unfair judgments. At this time, there is no prospect for renewal or extension of the law (Family Code Section 7646(a)(3)).
“An unjust order affects not only the wrongfully named father, but also his entire family,” according to attorney Ojeda. Ojeda continues “because a child support obligation can result in 50% wage garnishments, trashed credit ratings, bank account garnishments, the revocation of driving privileges and passports, the impact on a family’s life can be devastating.”
Ackermann added “in situations where we have been able to overturn an unfair judgment, our clients - and their families - have had their lives transformed. Recently we represented a local radio personality, and won a dismissal of the lawsuit based on the results of DNA testing.”
Robert Ackermann has practiced law in southern California since 1984. He is a graduate of the University Of Denver College Of Law, and received his Masters from New York University School of Law. He primarily represents fathers who have child support problems in counties throughout California.
Bernal Ojeda is a bilingual attorney (Spanish and English speaking) and a 1988 graduate of the LaVerne University College of Law. For more than fifteen years, Mr. Ojeda has practiced in all areas of family law, including child support, child custody and marital dissolution. Mr. Ojeda additionally served as a Judge Pro Tem, and for more than five years also served as a member of the Los Angeles County Family Law Indigent Panel, where he represented many disadvantaged non-custodial parents in child support matters.
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CONTACT
Robert Ackermann, Attorney
Cell 310 704-3702
http://www.ChildSupportConnection.com
or
Bernal Ojeda, Attorney
Cell 818 292-7324
http://www.ChildSupportConnection.com |
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