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The problem began the night his wife didn't come home. He had left his construction job, then fed their kids. He put them to bed, watched TV and tried to sleep. Often his wife worked past midnight at an Arlington restaurant, but it was 4 a.m. and she was still gone. Another few hours passed. Finally, she called. She'd been out with friends. Could he pick her up?

Antonio grew suspicious. Had she been with another man? No, of course not, she told him. But in his mind, it was the first crack in a marriage that continued to crumble.

Financial stress compounded their problems, causing terrible fights. The conflict reached a fever pitch in 2005. He left and moved in with his mother. Shortly after that, he got a phone call from a relative of his wife's. Your youngest daughter, he told Antonio, she isn't yours. She belongs to another man. Antonio refused to believe it. But after his mother heard similar rumors, even she began talking about how the little girl didn't look like their side of the family.

Over the next 18 months, Antonio tried to visit his children, but his wife wouldn't allow it. There were more fights—his wife claimed he hit her and slammed her against a car, which he denied. She moved and he couldn't find her. Then, last summer, shortly before his wife filed for divorce, Antonio received a letter from the Texas Attorney General's Office, the state agency charged with enforcing child support obligations.

The letter instructed him to go to a Dallas County child support court where in August 2007, he faced making monthly payments equal to 30 percent of his take-home pay, which was around $1,500.

Antonio (not his real name) requested DNA testing. If what his relatives said was true, he argued, why should he have to support a child who wasn't biologically his? He would later learn that under Texas law, a man is presumed to be the legal father of any child born during his marriage to the child's mother, and if he questions his paternity, he has only four years to challenge it. All of Antonio's children were older than 4 by the time he and his wife went to court.

What happened next focused attention on the growing availability of DNA testing and caused a legal uproar that ricocheted from the halls of the Dallas County family courts to the Austin headquarters of Republican Attorney General Greg Abbott.

On January 14, family court Judge David Hanschen ordered Antonio and both of his daughters, ages 5 and 7, to undergo paternity testing immediately. The next day, lawyers within the attorney general's office who represent the state on behalf of the mother and children—asked the 5th Court of Appeals in Dallas for an emergency order halting the testing. These lawyers cited the four-year statute of limitations and argued that because Antonio was already the legal father, he had no grounds to request DNA testing and dispute that he was the biological father.

The Court of Appeals agreed and ordered that no testing be conducted. But it was too late: On January 16, the lab released the results, which placed the probability of Antonio fathering either of the girls at zero percent. On January 25, appeals court Justice Carolyn Wright ordered that the test results be sealed and kept from the children. This was followed in March by the court's written opinion that slapped Hanschen for ordering the testing in the first place and ordered the DNA results destroyed.

Hanschen refuses to comment on specific cases, but says that in certain situations, a court's denial of DNA testing may violate a father's constitutional right to equal protection and the legal system itself may be condoning fraud. "In my court, the truth does not have a statute of limitations," he says. "It's just the truth, and if we have the means to know the truth, we should."

DNA testing has garnered widespread attention for freeing the innocent. Yet the growing availability of biological testing in paternity cases complicates efforts to balance the rights of fathers with the interests of children, who could be emotionally damaged by losing a father figure simply because he doesn't share their DNA. "Part of the problem," Hanschen says, "is science has gotten so ahead of the law that the law hasn't been able to catch up."

Hanschen, a tall, bearded man with a sober demeanor and deep baritone voice, has stood out as a maverick at the courthouse since he was elected in 2006 as one of more than 40 Democrats who swept the Dallas County judicial contests in a partisan sea change. He wears his hair in a ponytail that hangs down to his lower back and has been mocked by conservatives such as former state Republican Party chair Tom Pauken for being a "New Age" judge who chomps on "weird nuts and seeds" and has lawyers "sit under a Buddha which is prominently placed in his conference room." Hanschen calls the criticism "scurrilous." "Because I have a Buddha I bought in Thailand five years ago they think I'm operating some kind of cult in here," he says. "Come on, it's an amazing piece of art."

Aesthetics aside, through a year's worth of unorthodox moves regarding the way Texas enforces child support laws, the judge now finds himself in a battle against the largest law enforcement agency in the state. In February 2007, he complained that the attorney general's office was deceptively asking men to sign away valuable rights when they first appeared in child support court, and last summer he declared that the office's process for notifying presumed fathers of their court dates violated due process.

Write Your Comment show comments (46)

  1. This story boils my blood. My wife was a Child Support Officer for the AG for several years. She has told many stories about men paying support for kids fathered by other men that provoked many heated arguments...with her accepting the AG's official line that screwing over people with the letter of the law in the face of truth was just fine. AG employees know they are going after wrong men. Sometimes they even laughed about it.

    She is generally a good-hearted person. Her heart often bleeds for the afflicted and the oppressed. There must be some kind rarified air in the AG's offices that turned her into a bona-fide heartless bureaucrat for 8 hours a day. Not the real dad? Oh well, he shouldn't have acknowledged paternity, should have suspected woman was a lying whore, or whatever. His fault. Pay up or go to jail.

    As someone with some insight to the AG's child support collection procedures, I will advise ANYONE to NEVER deal with the AG without a good lawyer. AG employees most certainly are evaluated based in large part on the amount of child support they are able to collect, or the amount of increases they are able to extract. They are not impartial.

    Comment by Paul — April 2, 2008 @ 05:00PM

  2. Quote directly from the AG's Child Support FAQ's. Since this is in writing and comes directly from the official website of the State of Texas, shouldnt this be invoked with some kind of legal effect?

    15 How important are genetic tests in paternity cases?

    The results of the genetic test will determine what the court rules as to whether you are the father of the child. If the genetic test excludes you as the possible father, the court will rule that you are not the father. If the genetic test indicates that there is a 99 percent or better chance that you are the father, you will have the burden to prove that you are not the father.

    Comment by Pissed — April 2, 2008 @ 06:14PM

  3. This article tells me that there needs to be mandatory genetic testing at birth for all children. It is not fair to the child if the paternity results come out later. As an aside, I can confirm that the AG only cares about collecting money. I have two friends (male and female) who have seen this. The male has been told by that they don't care if he has been trying to get caught up (he was laid up for a year a very bad accident), as long as he is behind they will keep up the arrest warrants out for him. This has cost him two jobs already. The other had the AG office pressuring her to file for child support against her ex-husband who she acknowledged was not her child's father and had no visitation rights.

    Comment by Tim Covington — April 3, 2008 @ 07:57AM

  4. Megan, thank you for such a great article.

    We need people like Judge David Hanschen in the AG's office.

    Comment by Matt Minyard — April 3, 2008 @ 09:21AM

  5. I hate the AG office. I got pregnant young and the father shortly after relapsed on heroin. (he had been clean or so i thought for quite some time when we were together)I was told by the AG's office that if I wanted to get child support that he would have rights to see our son unsupervised regardless of a serious drug addition. They said the only option if I feared for his safety was to get the father's rights relinquished. I was young dumb and scared so my dad helped me get a lawyer to get his rights relinquished. I thought it was my only hope, and I did what the office suggested and what my dad thought was best because he was the one I had to turn to. It was the worst thing that ever happened to us. He got off scott free but I have spent the last seven years with a son with no father and no child support checks to help out with things. I have had to move in and out with family members to make things work. Finally things are great for us but it's been a hard road that I shouldn't have had to travel alone. And my son should have a father. I owe that to the Attorney General and their lies. They hurt men, women, and children. When you don't know all the details and you are scared and confused and you go to them for help, they really should care more. I just wanted to point out that they screw everyone over and something needs to be done.

    Comment by Single Mom — April 3, 2008 @ 11:36AM

  6. I may be mistaken, but there is a term called "Fraudulent concealment" which allows a defendant in a legal process in Texas the right of appeal if that defendant discovers fraud or lack of vital information that would allow reasonable people to come to another conclusion about the desposition of a case. Lawyers, prosecutors, Judges do not have the right to conceal important facts in a cause.
    I wonder if true paternal identity could be a form of "fraudulent concealment" if the Courts know that the wrong man is paying for child support of another man's child?

    Comment by Winston Smith — April 3, 2008 @ 12:36PM

  7. Everyone who agrees with Judge Hanschen should sign up to help his campaign for the Dallas Court of Appeals at http://www.davidforjustice.com.

    The court needs more judges that believe that a Court of Law and a Court of Justice should be the same thing! Vote for David Hanschen!

    Comment by Eric Camp — April 3, 2008 @ 02:18PM

  8. No, he needs to run for Attorney General.

    Comment by Paul — April 3, 2008 @ 08:02PM

  9. "The office receives federal funds based in part on the amount of child support that it collects and distributes, giving the Child Support Division a budgetary incentive to close as many cases as it can, no matter whose rights it might trample." BINGO!

    And they claim they are child activists, yeah right! take the money incentive away and see how many state employees would not want the job. If they really cared when they sent the collected money they would make sure it is being spent properly.

    Funny how to collect the money they break the law to enforce the law...if you suspend a business license because my employer won't withold the money and I owe back child support, that's blackmail and extortion according to the law. And the employer should NOT be held acountable for my action

    Comment by Roy — April 3, 2008 @ 08:05PM

  10. These situations are very real and very true! I see it happen on a daily basis. If you are anyone you know is dealing with this problem and in need of a paternity test, please contact us. We are locally here in Dallas and available for evening and weekend appointments. We understand the urgency of these situations and want to help the best we can.

    Clear Diagnostics
    PH: 972-233-0293
    FX: 866-661-5201

    Comment by Clear Diagnostics — April 4, 2008 @ 09:08AM

  11. I applaud Judge Hanshcen and the other “New Age” judges that feel likewise.

    This is not about being “above the law”, like most critics think. It’s about the truth. Men like “Antonio” should not have to be punished for his wife’s deceptions and lies. This is not about the dead-beat fathers that are trying to skip out on child support. It’s about men falling victim to a double standard in regards to the law.

    The Attorney General’s office should be ashamed for having such an indifferent and mocking attitude towards these kinds of disturbing situations. Vilifying the judges does not change the fact that there are some major issues with these laws. What are we supposed to do? Ignore the flaws in our legal system and allow deceived men to pay for their wives deception?

    I hope this article exposes the flaws in these Child Support cases and motives a change in the legal system. Yes, it may be law, but it does not mean its right.

    Comment by Melyna — April 4, 2008 @ 01:03PM

  12. I applaud Judge Hanshcen and the other “New Age” judges that feel likewise.

    This is not about being “above the law”, like most critics think. It’s about the truth. Men like “Antonio” should not have to be punished for his wife’s deceptions and lies. This is not about the dead-beat fathers that are trying to skip out on child support. It’s about men falling victim to a double standard in regards to the law.

    The Attorney General’s office should be ashamed for having such an indifferent and mocking attitude towards these kinds of disturbing situations. Vilifying the judges does not change the fact that there are some major issues with these laws. What are we supposed to do? Ignore the flaws in our legal system and allow deceived men to pay for their wives deception?

    I hope this article exposes the flaws in these Child Support cases and motives a change in the legal system. Yes, it may be law, but it does not mean its right.

    Comment by Melyna — April 4, 2008 @ 01:03PM

  13. This is just one of the many flaws this system has. The Texas AG is only after getting federal funds regardless of how many lives it destroys.

    I paid CS for 8 years directly to my ex-wife. It was paid directly to her after her constant complaints of the Texas AGs office taking sometimes weeks to get her the check when sent in throug their office. After 8 years of paying, she decided she wanted an increase and went to the AGs office and in order to be able to "immediately" garnish my wages instead and get the higher amount, she lied and told them that I had not paid for 8 years. One day the AGs office began garnishing my wages. I was not ever advised of this and found out the day I received almost 1/2 of my paycheck. When I contacted the AGs office, they claimed I owed 29K in past due support. They told me they were sending me a letter and I had 30 days to contest it or my "wages would be garnished, reported to the credit bureaus and a lie put against my properties." I received the letter stating this about 2 weeks after the wages were garnished. I immediately contacted them again and was told I would have to wait until two months later for a court date...but that by me contacting them within the 30 days, although they had already garnished my wages, they would not report it to the credit bureaus or put a lien against my properties. Two months later, it was proven in court that indeed these payments had always been made. The AGs office never told me, but when I contacted the credit bureaus they had already reported it delinquent...in fact, they reported the delinquency and put out the lien BEFORE they even sent me the letter. My CS was increased and the money that was garnished for almost 3 months was never refunded to me or applied towards my new payment. This was two years ago and they completely ruined my perfect credit. Because of this, the interest on my credit cards shot up to 29% and left me almost broke...with 1/2 a paycheck for 3 months and 29% in interest rates, thanks to their "mistake". The AGs office even posted my social security number, date of birth, driver's license number, full address and name on the internet PUBLIC records...The only way for child support to be added to your credit file is if you have past due payments...they now show the 29K as "paid" (but did not remove it even though it was never owed...paid in a credit report is NOT the same as removed from a credit report)...and now, they of course can show my current CS obligation on my credit report which is now used as an income to debt ratio when I apply for a mortgage, credit, or anything else...

    I do not ever believe men do not have the responsiblity to their children. I paid my child support even when I lost my job due to lay offs once and was current ever single month for almost 8 months. Yet, I have a son with autism and the courts did not care one bit that my son suffered tremendously and has becuase of this. Therapies that had to be paid out of pocket could not because of the complete lack of respect for children in second marriages...again, I was NEVER late with a payment. My son has suffered tremedously from this because my credit has been ruined and because of all the increased interest rates, etc...I was forced to sell my house.

    This is the "justice" that the AG talks about when he's out there talking about the millions he has collected for "kids". Meanwhile, my ex-wife now has 4 children...Her new husband has 2 children from two different mothers and they hide from the AGs office and do NOT pay child support. The AGs office has yet to find him...My ex-wife allows him to switch jobs and hide so that he doesn't have to fulfill his responsiblity.

    I pray that this AG is exposed for everything he has done to good citizens in the state of Texas. For honest fathers who have always paid...and next time you hear him talk about his concerns for "the children"...please, ask him why it's ok to take money away from my son with special needs so that he can make extra money from the federal government.

    You see, the 29K they claimed I owed, had they showed it as NEVER PAID, they would not receive federal reimbursement for it...but because they show it was PAID, the federal government assumes they collected it and gives them credit for collecting it. Meanwhile, my life has been completely turned upside down and my financial security completely distroyed.

    Comment by whatamess — April 4, 2008 @ 01:37PM

  14. Whatamess, your story just confirms that the AG’s office incompetence punishes the innocent men in these cases. That fact that they did not investigate your ex-wife’s lie(s) or charge her with perjury on an official document tells me that the AG’s office either does not care or are completely clueless. My guess is both of the above. Power corrupts. Absolute power corrupts absolutely.

    Comment by Melyna — April 4, 2008 @ 02:21PM

  15. Fellow Republican:

    It goes much deeper than this. The Republicans in power have ruthlessly targeted families for the sake of Title IV-D money, resulting in destroyed families and needlessly parentless children. I might add this is not a gender issue; many mothers are now being destroyed for the sake of money through these blatantly dishonest practises. Just look at the recent blog on Topix about Judge Sandoval of the 380th Court in Collin County.

    There is a reason Republicans are losing everywhere. They deserve it from Greg Abbot and Rick Perry on down. It is the Democrats who are advocating Families Values.

    My fellow Republicans, it is time to clean up our own mess.

    Comment by David Cary — April 4, 2008 @ 07:26PM

  16. THANK YOU for writing this story and covering this vital topic! I encourage anyone reading this to go to http://www.pepintexas.org/index.htm People for Equal Parenting and get involved. Everyday thousands of men AND women are victims of an outdated court system and innate bias in court rulings! Please be an advocate for the children who are involved in these custody cases who become mere pawns of the AG office system! With more voices supporting equal rights, then and only then will change happen to make life better for children of divorce and parental separation!

    Comment by Sharyn — April 4, 2008 @ 08:56PM

  17. It is this kind of great story that keeps me coming back to the DO. This is so wrong on so many levels. Clearly, this contradicts the AG website statement that it serves to protect all Texas citizens, it establishes paternity and promotes the emotional involvement of both parents. In your mention of the collection process being questioned and under review, it is important to note that the website mentions it contracts with a private vendor for collections and payments. That vendor, Affiliated Computer Services, Inc., has numerous multi-million dollar contracts with this State and many others. Profiting off a social service from tax dollars discourages accountability, transparency, and efficiency because the objective becomes profit, not justice. Clearly, this is one of the best examples of how racial and economic injustice is institutionalized and systemic. Innocent guys go to jail, children are confused and kept from their true fathers, and women contribute to and suffer from their dishonesty. The whole family structure is disrespecte, the productive lives of people and futures of young adults are ruined. Why? Because bottom line, we don't care about justice and ethics and only about a system that keeps the dollar flowing into the pockets of those that can exploit the system. This makes this mess immoral. I'll certainly work to encourage everyone to keep people like Judge David Hanschen working for the people.

    Comment by Di Castillo — April 5, 2008 @ 06:36AM

  18. I have been divorced from my childrens' father for almost 8 years. This is the type of story that has caused me to NEVER file for CS from him. 2 years ago he was diagnosed with kidney failure and now receives SSD. My 2 kids only receive $43/month apiece. He works a part-time job around his dialysis. What would he have done if I had filed for CS? He already pays for a child from before our marriage that he did have a DNA test done on. Judge Hanschen has the right idea. We need to make sure that those responsible for CREATING the children pay, not the ones suckered into it by lying people, wheather they be official or personal "friends".

    Comment by Jennifer — April 7, 2008 @ 09:49AM

  19. David Cary, what does Republicans have anything to do with this? This is about American family values, regardless of being red or blue. I am sick of political parties claiming stake on a particular issue. It's pointless to blame a judge for being "Democrat" or "Republican". They are elected to uphold the law, no matter what their political affiliations are.

    Comment by Melyna — April 7, 2008 @ 10:16AM

  20. The OAG office is a fraud for collecting TANF monies back for the State. That is the major reason they want AOP's from father regardless if they are the real fathers or not. They want to make sure that they can collect child support so they can take out their funds for TANF. Also people may want to know that the reason why the OAG does not collect on cases without TANF because the offices have quotas to meet inorder to get money back for the State. So if you don't have any TANF money on your cases you are moved back to the end of the line for collections. Also cases for review on based on TANF cases and barely would the OAG accept enforcing cases with out TANF. There are so many things that go on in the offices that the general parents aren't aware of. Also understand that the AOP's are signed usually at the time of birth not giving the fathers a chance to really look into the situation, and check the minimum age to sign the AOP interesting stuff.

    Comment by former OAG employee — April 7, 2008 @ 12:40PM

  21. I think that it is a crime within itself for an agency to make someone pay support to a child that DOES NOT belong to them. How can you say that you want deadbeat dads to support their children when you are legally allowing then to have someone else support their children. I think that if you really wanted them to support their children you would not allow other men to take care of then, but of course we all know that if you are looking for funding it doesn't matter who you get just get someone. I hope that these judges prevail in this case because it is ashame to think that an agency that claim to look out for children would do this. I know that they really don't look out for them because if they did things would not be in such a mess as they are now and have been for many years. I think that the AG know this, that is why he is attacking the judge in such a personal manner.

    Comment by Mimi — April 7, 2008 @ 01:03PM

  22. I agree with the judge. I spent 30+ years practing family law and have been appalled at how a court (based on law of course) will allow and perpetuate a fraud on the court. People are human and people have "affairs" kids are born. It is not right for a man to pay support on a child just because it was born during his marriage. He did not marry the Virgin Mary. The present statute of limitations should go out with the ol Lord's Mansfield law that would not allow a person to question paternity of a child during marriage. We changed part of the law to question paternity in a divorce so now take it to the full extent. A child is just as illigitimate after 4 years as is before 4 years.
    Safety and welfare of children is the age old addage people like to use. We want our young people to learn what truth, justice and fairness is and do what is right. Why then does the court and legislature want to perpetuate fraud.

    Comment by TW Harris — April 8, 2008 @ 11:42AM

  23. I have to agree completely. We have an attorney general who is passionate about perpetuating frauds on citizens and victimizing parents and children alike for his own personal political gain.

    This does not protect children and it provides them with a horrible example

    Comment by Anon — April 8, 2008 @ 11:57AM

  24. The prejudice against men is incredible.

    Women have the power to decide who they go to bed with, whether or not they have protection, whether or not the men has protection before they have sex.

    Then once there is a child, women DECIDE if they should keep the child or not or get an abortion.

    She can even kill the child once the baby is born and maybe not even face charges

    She then can lie to a man, no statue of limitations on how long that lie can last.

    She cant keep her legs closed because she is looking for love or security or daddy but not being married.

    Remember, unless raped she is in control.
    When she's in control we dont call that rape, unlike whne a man is in control.

    Then the taxpayes have to take care of her and child unless she has tricked the male.

    And the courts accept that antiquated crap on their part????

    Comment by patillio — April 8, 2008 @ 02:44PM

  25. I think it is important to remember that the enemies of our families like to divert us by trying to make a gender issue of this. The system does not care what gender a victim it destroys is. It only cares that it destroys a person to make the Title IV money. Many victims are women as are half the children the attorney general harms. This is not a gender issue. It is a civil rights and Constitutional issue.

    Comment by Robertson — April 8, 2008 @ 04:34PM

  26. For those interested, the entire opinon dealing with this mess can be viewed on the 5th court of appeals website. Search opinions using the Judge's name.

    Comment by Paul — April 8, 2008 @ 06:24PM

  27. I am so glad to see the Observer along with so many people rewarding this kind of misguided judicial activism that is backed by a lackluster career and obvious inexperience. Thank you Dallas for electing Judge Hanschen.

    Comment by Someone Aware — April 8, 2008 @ 08:17PM

  28. I assume you mean Greg Abbott, of course.

    Comment by anon — April 8, 2008 @ 08:20PM

  29. I agree, there should be more testing for paternity in ALL support cases. There needs to a complete overhaul of the Child support office

    Comment by Joseph — April 9, 2008 @ 03:21PM

  30. a whole bunch of crap my x husband was ordered to pay 201.00 a month for 2 kids that was 2 years ago he hasnt paid one red cent but yet he gets away with it after dna has already confirmed there his kids he still wont pay wont get into trouble and wont get a job i feel sorry for the guys out there paying for kids who aint there's but i hate the dead beats who have kids and wont pay for them

    Comment by rebecca — April 9, 2008 @ 06:27PM

  31. Right is right and wrong is wrong. To make a man, who is not the biological father, pay child support for a child that the AG's office knows is not his is very wrong. And then for the higher-ups in the AG's office to try and bring charges against Judges for alledged misconduct and they way they went about it is out right disgusting. Shame on you!!

    Comment by Badia McGlaun — April 10, 2008 @ 09:37AM

  32. Don't know what I should I say. Not sure how secure the current marriage. I know some married men or women still go to some dating site to date others like BiLoves, which is exclusively for bisexuals and bicurious looking to explore their sexuality. Of course, there are also many singles. As I know, those singles are very hot and sexy.

    Comment by Ken — April 10, 2008 @ 10:10AM

  33. Another article that clearly shows the shark feeding frenzy mentality that takes place once there is a bounty placed on the head of a child after a divorce / paternity action is filed by a mother. Who gains "Profit & Power" from the chaos being imposed on our children in these situations? Answer: the "Divorce Industry*"!!!!!!!

    Les Jobst - Mpls., MN
    Families-4-Justice & Fathers-4-Justice
    www.f4j.us

    * Custodial Parents, Legislators, Lawyers, Judges, Child Support Magistrates, County Attorney's, Bar Association, state & county Department of Human Services staff, evaluators, mediators, and guardian at-items

    Comment by Les Jobst — April 10, 2008 @ 10:21PM

  34. The AG office has a program where they actually train hospital employess to encourage fathers to sign the acknowledgements of paternity. I'm glad the Observer has published this article. Few people are aware of these problems that have not gone through this personally. Father's rights are the Roe v. Wade of our generation.

    Comment by fukcabbot — April 13, 2008 @ 12:46PM

  35. That Greg Abbott is a very poor role model for our children and families is obvious. What is less known is that HIS role model is Senator Cornyn.

    Comment by G. Brewer — April 13, 2008 @ 02:28PM

  36. Wow, I don't know where to begin about my comment. I thought this article shows how there are no father's rights in the state of Texas. I glad there is a judges fighting for us men who have been betrayed by women who make false accusations and being prosecuted first then get the truth later. Judge David Hanschen will get my vote in November.

    First off, I am a parent of a 2 year old. I did not even know I was a father until she was 2 weeks old. Yes, I will admit, when told I fathered a child, I wanted a DNA test. This individual I had a child with is a compulsive lier. I was looking out for the best of my interest. When I told her I wanted DNA testing, she tried to make me feel guilty stating I'm a dead beat dad. What the hell, do you call that fair? Of course, after meeting my daughter for the first time, I knew she was mine. And to this day, I'm in her life as much as I possible can. Yes, I pay child support thru the Attorney General's Office. But you know what, after paying child support and require to have her on my medical insurance, I can barley support myself. I'm living check by check. I may have to take a second job while my ex can take advantage of government funding. Do you call that fair? Why is it i can't claim my daughter on my Taxes? Why do I still have to supply my own things for my child when child support should go to that? Why can't i get government funding so I can go back to school to better myself and give my child a life better than what I have?

    I feel for Antonio, if he is not the bio-logical, he should not pay child support for the girls. Yes it hurts knowing the little girls assume he is their father, but in reality, the ex is the one who caused all of this pain. I personally think there needs to be laws to punish women who wrongfully accuse men for child support. Before a woman files for child support, there needs to be a mandatory DNA Test to verify a bio-logical parent before it gets out of hand.

    I so much more to say about this topic but, if I continue, my comment will end up being a book. I'm not trying to say women should not get child support, but I feel women are taking advantage of the system. And right now, the system is all about the women are right and men are wrong.

    Comment by Izzy — April 13, 2008 @ 06:20PM

  37. DNA testing is getting way out of hand. So are the Family Courts AND the way Child Support is handled. The DNA records on those children should have been sealed, and thankfully they were. Look at the cases where the Mothers demand DNA testing to prove the Father isn't the Father! Ban DNA testing from the Family Courts. If the Child Support regulations are not put in line with financial reality, what we will continue seeing is more and more men refusing to pay, AND more violence. The Family Courts are simply a mess, a disgusting mess. And, children are paying the price for that nonsence. I have to wonder if the father in this case would have objected to paying child support if it had been equitable and fair in the amount. Or, if his vindictiveness was kicking in because it was provoked by a dang lawyer. Those children bonded to him as their Father, regardless of what any lawyer or Judge ignorantly decided. In my view, the State has opened up Pandora's Box. England actually used the American version of the Family Courts for a while and it caused such havoc they had to shut it down. More studies are going to be necessary. This crap of Family Courts being either for Daddy, or for Mamma, disgusting lawyers "doing battle", DNA, dragging in psychologists and forcing paid visitations has to stop. These are supposed to be Courts of Law, not Courts of Social Havoc. The Judge in this case should be disciplined. Further, the State is NOT going to escape the reality of supporting single parent children. The day the State decided women could put their children somewhere after their jobs and fun in bars, was the day the State became liable for all or part of the care and support of her children. I am a Mother, Grandmother and Great Grandmother. We did Court Watches on the Family Courts in the past and nothing has been a more sorry state of affairs in our Court system. It is so vile, it defies description. In fact, I do not advise anyone to use the Texas Family Courts for anything. Most of the problems in those courts are due specifically to the behavior of the Family Court lawyers, and Judges who have no business on the Bench.

    Comment by E. Thurman Wells — April 14, 2008 @ 03:34PM

  38. Good ol' Greg Abbott. Refuses to have DNA testing to applied to men who are almost certainly not fathers so he can illegally extract large sums of money from them to increase his political power.

    At the same time, he is putting huge pressure on the people of San Angelo to order DNA testing on all the children and the parents in the Mormon compound so he can again, maximize the amount of monety he can extract for his political power.

    Based on one unidentified caller who claimed to be a minor trapped in the basement, Abbott wiped out a community. The caller turned out to be a 33 year old woman in Colorado with a history of false reports such as these. She was easily found by a reporter although Abbott, with all the power of the state, was unable to.

    He now has the children locked up and away from the public where yhere is no oversight. Not surprisingly, he will probably find plenty of "evidence" if he has to beat the children to do so.

    Comment by anon — April 19, 2008 @ 07:05AM

  39. While this was an excellent article dealing with the flawed TX laws regarding establishing paternity and financial responsibility in terms of child support, I think you did your readers a disservice in not more closely examining WHY the laws are as they are. It may seem unfair to impose a 4-yr statute of limitations on challenging paternity, but the very last bit of the article explains EXACTLY why such a limitation is in place. After 4 years, a child has a relationship with and and an identity attached to the man acting in the role of "daddy" in her life. In the case discussed here, a 7 yr old girl is left heartbroken and rejected by the father she loves, with no clue as to why. The law is saying that after 4 years, your relationship with the child is what primarily determines paternity, not simply your genes. And that, people, is exactly the whole point of parenthood. Ask anyone who has adopted a child (I have not). Divorced parents of adopted children don't get to skip out on child support. Why should these folks? They have raised the child, and that makes them a parent. Are you willing to tell that little girl in the story to suck it up, he's not really her daddy? The laws are intended to be in the best interest of the child, and from an emotional, life-ling stance, the existing law is in the child's best interest. Shame on this judge for not realizing that. Yes, people need to know genetic history for health reasons, but that is all. And shame on DO for not going more in depth and presenting a biased position in favor of the judge and these fathers. What about the kids?!?

    Comment by Rachel — April 24, 2008 @ 12:42AM

  40. Rachel,

    I also feel sympathy for that little girl. We should have compassion for the victims and prosecute the perpetrators. In this instance, the victims are the the little girl and the father. The perpetrator is the woman who had the adulterous affair which destroyed the family.

    Your solution would reward the bad parent and punish the good parent. All this would do is encourage more bad behavior and destroy more families and harm more little children.

    If you think that the only thing a parent provides is money, then your solution makes more sense although still not enough. However, if you think a parent brings love, protection, and promotes acheivement and self-esteem, then your solution breaks down completely. FORCING a person to maintain a relationship will never work and will only breed resentment and the attorney general's efforts are only to certainly destroy that little girl's only chance with a loving relationship with that man.

    You have seen the tactics of that attorney general. His only goal is to maximize child support collections at any costs for his political gain. Noncustodial parents are now routinely assigned child support which is often beyond their means to provide. When they fall behind, their licenses are often taken away, reducing still further their means of earning money. Finally, they are jailed for non payment for a civil debt in what amounts to debtors prison. There is no due process, equally before the law, or the following of civil procedure. Destroying the man does no good for anyone.

    I believe that man feels sorry for that little girl and would love to see her but must protect himself from the predatory practises of the attorney general. It does her no good for him to be destroyed.

    Let us protect the victims and punish the perpetrators for the sake of the children like that little girl. Of course, if we assumed equal physical custody in the event of a divorce, we would not have nearly the problems we have and the attorney general would not be encouraging the use of bounties to destroy familes.

    Comment by anon — April 24, 2008 @ 09:19AM

  41. Let me get this straight.....Texas won't allow DNA paternity testing after 4 years.... But, if, your a child over 4 years old, and you are the child of a mother living in a compound in West Texas.... then DNA teasting all around for all ages ! ! ! ! The Hypocrisy is aboslutely astounding !!!!!!!

    Comment by TJ — April 25, 2008 @ 08:38AM

  42. I have to thank you all for your comments (except Rachel). I assume this issue has somehow and in someway touched all your lives. I thank you all because it's a little more comforting to know people are on my side when our laws clearly are not.

    I wont go into great detail but I have just discovered that I have been a victim of Paternity Fraud (this week). I was raised (ignorant, i guess) that if you do something, you take responsibility and back then I dont think this was even conjured up yet that a woman could do this to someone. I married a girl that had an existing child and I fell in love with her, married her but being too young I guess we fell apart.

    We separated, I moved off and a couple months I get the knock on the door - I'm pregnant with your child. OK. I get back together with her thinking I'm doing the right thing. A couple more years go by and of course it aint working, so we go our separate ways. I was ordered to pay child support by the state. Fine. During some of that time I was forced into low paying contract work (cash money) and couldn't afford to breathe much less make payments at the time.

    I did go back to work legitimately and started paying again for ever - even went to court to upgrade my own support so I could pay off the arrearage. I get a call from my x that my son is not mine and that she was sleeping with another "(kid)" during our separation. I do a paternity test and sure enough - damn. I cannot even begin to tell you what the AG and this woman have done to me over the years denying my visitation, seizing my bank accounts, suspending my license’s, demanding payment. All the while, all the years knowing in her heart.

    I cannot even fathom what type of human being could this not only to me but to her own son - I am beside myself, cannot think. Not only that - I have not heard one word from her since the test came back to even say screwoff, sorry for your bad luck, gotcha, anything... Every ounce of the definition "Civil Lawsuit" is my situation but our laws wont allow it. Spill some coffee on yourself - got a lawsuit. Slander someone - got a lawsuit.

    I will be looking up some of the names in this article for help - Thank you Dallas Observer.

    Comment by TommyV — April 26, 2008 @ 01:19AM

  43. The Texas OAG has just put a lien on my checking and savings accounts and left me overdrawn. My paychecks are direct deposited and I leave all of my bill money in there until the first of the month, so everything is due right now. I have no money to pay my house payment, electric bill, car insurance, or buy groceries. I don't have enough change in my house to fill my gas tank so that I can get to work all of next week until I get paid again. I am going to be late and short on every bill. I don't understand how they can do this without some kind of hearing. All they'll tell me is that it was a court order and they aren't happy with the amount I've been paying over the past twelve years. Yes, PAYING. My child support comes directly out of my paycheck and it's showing current and up to date on the OAG site and no legal action is listed there. My kids are in their 20's and I'm only paying towards an arrearage from times that I was laid off. My ex-wife remarried a dentist and divorced him. She received over $300,000 in her settlement, a house, alimony, etc. She needs for nothing and has the luxury of going back to school - again - while I face losing absolutely everything and haven't had a "luxury" since my divorce. The OAG is uncooperative, won't explain anything to me or give me answers, won't even acknowledge the fact that they are collecting the support on a court order out of another state - and THAT state says they have no action against me because I'm current. They even sent that information to the OAG who says they will still keep my money and *MAY OR MAY NOT* remove the massive lean from my bank account so that I can start paying towards the overdraft fees. How do they think I'll manage to get to work so that I can pay my next child support payment? How will I keep my house? They hang up on me when I demand answers. I am appalled that they would treat a PAYING parent this way. It's unfair and it doesn't seem legal. I don't even get to read the court order that put the lien on my accounts and wiped me out? I had no right to know about it before it was all said and done? How is that possible? Are they trying to make a deadbeat out of me?

    Comment by Kevin — May 3, 2008 @ 07:56AM

  44. If I hear the term dead beat "DADS" I think I am going to scream. How about Dead beat PARENT?

    Comment by Victor Henderson — May 5, 2008 @ 04:51PM

  45. Yes, they are TRYING to make a deadbeat out of you (bear in mind; deadbeat is a false use of the word to begin with). It is done on purpose so Abbott can collect the maximum federal dollars. Now days, they encourage judges to assign child support way above the maximum guidelines for the same reason. The Texas Attorney General is an unconvicted criminal in my opinion.

    Comment by anon — May 6, 2008 @ 06:28PM

  46. This is an outstanding article. Judge Hanschen should be supported by all of us for going against the grain of 'bidness-as-usual' in the offices of the OAG Texas, Greg Abbott, Dan Morales, John Cornyn, Jim Mattox. Jim Mattox posted billboards around the State wich stole from Michael Jackson, using the theme,colors, and writing style form the "Bad" album and stated on the sign: "Whose Bad?" "Fathers who dont pay thier child support." Then there were the chicken and chimpanzee posters in the offices of the Houston OAG depciting men as animals.
    So you see readers, the OAG's offices havbe a deeply ingrained predatory bent fueled on greed, fueled on the womens movement such as it has been, and fueled on federal DENIAL for not correcting one of the largest problems with Welfare when it went to Welfare Reform, which was how women learned to drive fathers from the arms of thier precious children.

    I hope Judge Henschen and Lynn Cherry rout the EVIL within the OAG and the policies thatcommodify children and mostly their fathers.
    Robert Gartner
    Houston, Texas

    Comment by Robert Gartner — May 10, 2008 @ 11:39AM

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