Paternity Testing Ends 3 Year Child Support Battle
A man in Orlando, Florida has high hopes of ending a battle relating to him mistakenly paying child support for a child that wasn’t his. The man, named Brian Stancheski was told by a lover that she was pregnant and that he was the father of her child. Believing this to be the case and with no reason to think otherwise, he signed his name on the new born baby’s birth certificate. A year after, the couple got married but after only four months of marriage Stancheski’s wife decided she was unhappy and wanted a divorce.
After the couple’s divorce Stancheski began paying child support for the baby he had been told by his ex–wife was his. However, he then found out that the child was not in fact his son. Independent paternity testing proved that this was the case, followed shortly by official paternity testing which was carried out by the courts.
Because the child wasn’t his and it was clearly another man who ought to have been making care payments, Stancheski contacted the US Department of Revenue and requested that his child support payments stop. He had been paying $139 a week, which given how many weeks had passed since Stancheski’s divorce, amounted to $9,630 of child support payments. However, despite the fact that Stancheski had proven beyond a shadow of a doubt that the child was not his, the Department for Revenue still demanded that he make payments.
Stancheski described the Department for Revenue as ‘throwing the book’ at him, by using the fact that his name was on the birth certificate as contrary evidence. Drained emotionally, financially and physically by the situation, he said that he had to spend thousands of dollars in order to pay for attorneys even though they didn’t get him any useful results.
Poor Health and Suffering
Stancheski lost his car due to financial problems stemming from the difficulties he had with the Department for Revenue and he also had health problems. As a direct result of the stress the situation had caused him he was put on medication by his doctor to control his dangerously high blood pressure. His credit rating was also badly affected and he became depressed which led to him also being prescribed anti-depressants.
Max Smith, Stancheski’s attorney, said that the problem was that paternity is a very ‘grey area’ legally. Smith said that it’s only recently we’ve been able to quantifiably prove whether or not someone is a father. This, Smith suggested, was the reason that even with proof otherwise, old laws governing admission of fatherhood (such as a name on a birth certificate) still stand in court.
He did however mention a new law, named ‘disestablishment of paternity’ which in this case could help end Stancheski’s nightmare provided that Smith cited this law in court and it was received successfully. In order to end his ordeal Stancheski has said that he will turn directly to legislators for help in the matter.
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