Chesterfield Man’s Case Rare Exception in Child Support Says Lisa McDevitt, Fairfax Family Lawyer
Fairfax, VA (Law Firm Newswire) March 3, 2014 – Virginia Social Services has mandated that Dwayne Parson, 34, must pay back child support even though he is not the child’s biological father.
Child support normally follows an equitable, straightforward formula. But simplicity is not always guaranteed. At least one Virginia man would make a strong case that belies an expectation for a cut-and-dried process as he begins to pay thousands of dollars in back payments for child support for a child he did not father.
Parson, of Chesterfield, signed a birth certificate for a child he believed to be his own. A later DNA test proved that Parson was not the biological father of the child. In February 2013, a judge ruled that Parson could meet his obligation under the law by paying $1.00 per month without interest.
The Social Services department, however, has now argued that a minimum payment entails $65 per month. As a result, hundreds of dollars have already been garnished from Parson’s paychecks. The Social Services department also claims that, despite DNA proof that Parson is not the biological parent of the child, he remained the legal father until the court ruling last year. Therefore, he allegedly owes thousands of dollars in back child support. And until a court rules otherwise, Parson must comply.
Paternity must be established before a claim for child support can proceed. And the Parson case notwithstanding, determination of paternity in Virginia usually proceeds in a fair and logical manner.
There are four principle ways in which fatherhood can be established in the commonwealth of Virginia. The parents marry or were already married on the child’s birthdate, a man confirms under oath that he is the child’s father, genetic testing, which can be court ordered, has been conducted, and/or a court order has been issued showing an adoption.
“Paternity is a pivotal matter in child support cases because it establishes legal fatherhood,” says Lisa McDevitt, a prominent family law attorney in Fairfax, Virginia. “And that legal determination remains a core and defining issue from marriage to separation to post-divorce.”
Lisa Lane McDevitt
2155 Bonaventure Drive
Vienna, VA 22181
Toll Free: 866-602-7850
- Never-married parents face extra steps when establishing child custody
In Virginia, unmarried parents have the same rights and responsibilities to their children as married couples do. However, parents who were never married may face some additional steps when they establish child custody after a breakup. Paternity frequently complicates the process of determining custody in cases where the parents were never married. If either party [...]
- Varied approaches to divorce offer couples different structures and tones
Adversarial divorce is perhaps the most visible type of divorce in pop culture. With this approach, both parties hire a divorce lawyer to hash out the divorce in court. This is a lengthy process that can lead to fighting over every detail of the settlement. The adversarial approach usually leads to a trial in court. [...]
- Proper estate planning includes tracking a will’s location
A properly executed will is always high on the list of essential documents in sound estate planning. The decision to write a will is fundamentally important, but so are the choices made in storing the paper document once it has been produced. Somewhat surprisingly, it has been estimated that only 30 percent to 50 percent [...]
- Women Have Usually Trumped Men in Child Custody, But More Men May Win custody Cases
In divorce cases, child custody and child support (its possible financial corollary) have, traditionally, been skewed heavily in the mother’s favor. But changing legal doctrines, social mores and economic factors have been changing the balance. Statistics from recent decades show that women were consistently awarded custody of children from 1993 through 2007 — 83 percent [...]
- Watching for deception: Bitcoin may be used to conceal assets in divorce
Increasingly, divorcing spouses who wish to conceal their assets are turning to electronic currencies like Bitcoin. Bitcoin is the most popular of a host of computer-generated currencies that are used to buy all manner of goods and services. It rivals cash in terms of its anonymity and surpasses it in its ease of transfer and [...]
- Extra estate planning support may be necessary for those with dementia
Disabilities that sometimes develop with age can inhibit long-term planning skills. If you deal with such a condition, you may need to adjust your plans for the future so that they can support you and adhere to your wishes under any circumstance. The best advice is simply to start early. If Alzheimer’s or another form [...]