Post by Jim on Apr 16, 2009 6:47:55 GMT -5
State Acknowledges Man Is Not Father, Still Demands Payments
A local man is fighting against having to make back child support payments for a child that is not his.
Brian Stancheski, of Sanford, proved that a 3-year-old boy is not his in order to be able to stop paying child support several months ago, but the state still wants him to pay $9,000 in back payments.
Stancheski's attorney, Max Smith, has fought for his client to be free of the financial burden.
"They never listened to my client when he said he wasn't the father," Smith said.
Smith thought he and his client had a big victory months ago when long-standing child support payments finally ended.
"I was actually surprised at the hearing. The Department of Revenue attorney conceded that my client is not the father and child support should be stopped. They conceded that," Smith said.
Since that ruling, the Department of Revenue, the agency that oversees child support in Florida, raised an objection.
"Now they want back child support in excess of $9,000," Smith said.
"I don't know how something can take this long. It's cut and dry. The proof is in front of you," Stancheski said.
The Department of Revenue admits that Stancheski is not the biological father, but argues that he was the legal father between the time the child was born and the time child support was disestablished.
Smith said Stancheski's rights have been violated.
"Ultimately, if they had done what I asked them to do, which was grant me a paternity test that would have proved I wasn't the father, I wouldn’t have had to pay any of this money whatsoever," Stancheski said.
Stancheski has already paid more than $5,000 in child support and his car has been repossessed. He also owed thousands of dollars in legal fees.
A hearing is scheduled for 2:30 p.m. Wednesday at the Orange County courthouse, where Stancheski expects a final decision.
www.clickorlando.com/news/19186388/detail.html?treets=orlpn&taf=orlpn
A local man is fighting against having to make back child support payments for a child that is not his.
Brian Stancheski, of Sanford, proved that a 3-year-old boy is not his in order to be able to stop paying child support several months ago, but the state still wants him to pay $9,000 in back payments.
Stancheski's attorney, Max Smith, has fought for his client to be free of the financial burden.
"They never listened to my client when he said he wasn't the father," Smith said.
Smith thought he and his client had a big victory months ago when long-standing child support payments finally ended.
"I was actually surprised at the hearing. The Department of Revenue attorney conceded that my client is not the father and child support should be stopped. They conceded that," Smith said.
Since that ruling, the Department of Revenue, the agency that oversees child support in Florida, raised an objection.
"Now they want back child support in excess of $9,000," Smith said.
"I don't know how something can take this long. It's cut and dry. The proof is in front of you," Stancheski said.
The Department of Revenue admits that Stancheski is not the biological father, but argues that he was the legal father between the time the child was born and the time child support was disestablished.
Smith said Stancheski's rights have been violated.
"Ultimately, if they had done what I asked them to do, which was grant me a paternity test that would have proved I wasn't the father, I wouldn’t have had to pay any of this money whatsoever," Stancheski said.
Stancheski has already paid more than $5,000 in child support and his car has been repossessed. He also owed thousands of dollars in legal fees.
A hearing is scheduled for 2:30 p.m. Wednesday at the Orange County courthouse, where Stancheski expects a final decision.
www.clickorlando.com/news/19186388/detail.html?treets=orlpn&taf=orlpn
