» Chesterfield Man’s Case Rare Exception in Child Support Says Lisa McDevitt, Fairfax Family Lawyer

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
Phone: 571-223-7642
Toll Free: 866-602-7850
http://www.mcdevittlaw.net/

  • When filing for a divorce, finding fault is not always necessary
    If there was ever an appropriate circumstance, divorce proceedings would seem a prime candidate for an exercise in finger-pointing. However, legally speaking, there are situations in which spouses parting ways should seek what is known as a no-fault divorce. Traditionally, some sort of misconduct has formed the grounds for a divorce. But modern divorce laws […]
  • As circumstances change, ‘Last Will and Testament’ may not be final word on an estate
    “Last Will and Testament” is a popular title for the document in which a person, known as a testator, names one or more people to manage his or her estate and provides for the distribution of his or her property after death. But when a person’s life circumstances change, a “Last Will and Testament” may […]
  • When a couple divorces, debts as well as property must be equitably divided
    Marriage can be likened to a business contract, and when that contract is dissolved during a divorce the division of assets is an important and often contentious matter. But debts are an equally important matter to resolve when any contract, including marriage, terminates, as any debts a couple holds will also be allocated between the […]
  • IRS offers holiday season tidings on tax exclusions estate planners should remember
    The holiday season upon us, meaning that the remainder of the year will see a significant amount of purchasing and bestowing gifts. The spirit of giving is not lost upon the federal government, particularly regarding those gifts with significant valuations, or those bequeathed by an estate. Accordingly, the Internal Revenue Service has announced its gift […]
  • Parental communication helps pave the way for a reasonable visitation schedule
    When couples with irreconcilable differences end their marriage through a divorce, the bonds between the spouses are effectively severed. Each party can proceed with his or her life separately. However, if a soon-to-be-splitting couple has children, some level of communication between the parents will necessarily linger, particularly once child custody has been determined and reasonable […]
  • When spouses wish to part ways, the finality of divorce is usually best
    As a popular culture would have us believe, breaking up is hard to do. With all the emotional and financial upheaval that is often involved with a nuptial parting of the ways, some on-the-rocks couples opt for what may seem to be the easier route of some form of separation.  Despite the first-blush attractiveness of […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required