Question:
My friend has been diagnosed with PTSD, which occurred from abuse since infancy. A person he never married stated that she was pregnant with his child. He never disputed anything, even though he was skeptical of being the father. Since being in treatment, he would like to know if he is the father. Also, I believe that the amount of child support that he was told to pay must have been a mistake, because he has never worked on a regular basis, and has made on average medium to low wages. Now he owes for one child over $120,000.00. He is now living in an in house hospital, but with this hanging over his head, I don't see how he will ever be able to live, without becoming homeless again. He is a laborer, and after they take out everything, he has not enough to even live in the park. He has never gotten legal advise for any of this. Because of his illness, he just let people do whatever they wanted. Does he have a chance to get the amount he owes rectified, or will he always have to live impoverished where he ends up not working, and no one ends up with anything?
Answer:
I am not licensed to practice law in your state. I recommend you also seek the advice of a licensed attorney in your state as the law will vary from state to state. I am not certain of the age of the child but will assume that he or she is fairly old due the amount of back support owed. It is unlikely that your friend will be allowed to overturn paternity at this stage, although, it cannot hurt to look at the specific law in your state. His focus should be on modification of the current order and proper calculation of his arrears. Has he applied for or is he receiving SSD or SSI for his PTSD? If he is not receiving any disability he may want to apply. It is possible that his child will qualify for payment from his account. Also being on disability may reduce his child support obligation. The worst thing he can do is ignore the situation. I would recommend checking out a Legal Aid or Legal Services in your area that may represent him free of charge if he cannot afford to hire an attorney.