Normally, a court will determine paternity by issuing a DNA test. This will prove or disprove who the father of the child is. In an interesting turn of events DNA is not sufficient to get Gabriel Cornejo out of paying child support. Over ten years ago, the mother of the child testified in court that he was the father. He was served child support papers in 2016 and respectively took a DNA test. The test came back negatively for paternity. The court is still going after Cornejo for the backed child support. This is unprecedented and has caused a worldwide commotion. This is a big job for a Salt Lake City child support attorney.
Paternity Tests and the Court
There are some laws and paternity laws that can actually harm Cornejo’s case. The one minor detail that was overlooked years ago by Cornejo could be detrimental to his case. In 2003, $50 were taken out of three of his paychecks for child support. He never noticed or contested it and his window to do so may have closed. This is the main reason the court is continuing their lawsuit against him. Another detail to consider is that those paychecks no longer exist and there were only three payments made. Cornejo continued with his life, working and paying bills all with his name and information current. He never attempted to evade the courts and claims to be unaware that there was a child who he could be the potential father of. So why did the state only collect three payments? Why did it take over ten years to send him to court? There are many questions related to this case that can only be answered with time as the case develops.
How a Salt Lake City Child Support Attorney can Help
The main argument in Cornejo’s case is that DNA proves he is not the father and is therefore not liable to pay the backed child support. The courts did not try to collect for several years and Cornejo did not make it difficult for them to find him. With the amount of notoriety that the case is receiving, supporters of Cornejo are trying to have the system changed to be more effective and protect the rights of all. Currently, the court is not attempting to look for another potential father and is focused on getting the backed child support from Cornejo. A child support attorney in Salt Lake City will argue with the court that the DNA test is sufficient enough to excuse him of having to pay child support for a child that is not his. They can also work to finding other potential fathers that could become liable for this debt. A child support attorney will need to fight tooth and nail in this case since the state does not seem to want to budge. The debt is very high and should not be put on someone who has no relation to the child. That is something else that has been overlooked: the child. The court needs to look out for the best interest of the child by finding their real paternal father not a presumed father. Money will not make up for the years the child missed with their father, especially when the one paying the child support has no relation to them. If you find yourself in a complex child support case, contact the Ault Firm to discuss your options.