There are many parents who do not retain legal counsel when facing a paternity action because they presume that such cases are fairly cut and dry. The rationale for this view is that a DNA paternity test will be conducted that will determine paternity and lead to a calculation of child support based on the New Mexico guideline formula for child support. However, there are many dads paying child support who do not discover that they are not the child’s parent until they have already surrendered thousands of dollars in child support payments. The Albuquerque case involving Steve Barreras provides a cautionary tale for dads who hold such false assumptions about the lack of necessity for legal representation in child support matters.
Barreras paid $20,000 in child support for a child that never existed based on fraud committed by the alleged mother. The case drew national media attention and prompted an investigation by former New Mexico Governor Bill Richardson. The case was particularly egregious because the mother managed to involve government agencies who refused to remedy the situation even after they were presented with compelling facts. Barreras filed for a restraining order to terminate the child support order, but the motion was denied. He also provided evidence that his vasectomy prior to the alleged conception of the child left him with a zero sperm count. His letters to the New Mexico child support agency requesting they confirm the child’s existence were met with a terse response, “your daughter exists, as I am sure you already know.” Barreras even hired a private investigator in an attempt to expose the fraud.
While it might be easy to presume this case is a bizarre anomaly, the reality is that it can happen more easily than one might think. The custodial mother can indicate under oath in court that she gave birth to a child. She might even allege that she has been the victim of domestic violence at the hands of the presumed father so that she obtains a de facto order that denies visitation to the presumed dad. The mother might than have the child support order served at an invalid address so that the alleged dad cannot respond in time to prevent the child support order from becoming effective. Once the order is in place, the dad may then become the victim of excessively aggressive child support agency officials.
Although this case is unusual, there are many presumed dads that are paying child support for children merely because they did not obtain legal counsel and fight a paternity action. The Barreras case illustrates why time is of the essence in seeking legal advice if you are faced with a child support action. Even though Barreras was able to prove that the mother had committed fraud in claiming she had a child, he still was not able to get the child support agency or court to order the return the $20,000 he paid as support for the non-existent child. He subsequently was forced to file a separate lawsuit to pursue reimbursement.
Paternity Actions in New Mexico: The Basics
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you are facing a paternity action, our experienced Paternity Child Support Lawyers can help you evaluate your options and diligently represent your interest. The Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your alternatives. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
Comments are closed