Family Issues

Default Daddyhood

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Another wrongful-paternity case from hell:

When Walter Sharpe received the certified letter on Feb. 6, 2001, he knew the complaint for child support was a mistake.

Andre Sharpe had a different date of birth, a different Social Security number and different previous addresses.

Andre Sharpe also had an 11-year-old daughter with a woman in Harrisburg, and Walter Sharpe knew he had been to Harrisburg only once, to register a car. He also knew he hadn't fathered a child to a woman named Terri Jones on that trip.

So he ignored it.

Big mistake.

A court entered a default judgment against Sharpe, and for the next six years, Dauphin County, Pennsylvania hounded the former trash collector to collect child support for the girl. He lost his job, paid more than $12,000 in support and fines, became estranged from his family (he has four kids of his own), and was jailed four times for failing to make payments. The county denied his repeated requests for a DNA paternity test (and were backed up by the courts), arguing that its domestic relations officials had sufficiently confirmed paternity "after reasonable investigation."

Walter Sharpe's attorney alleges that when he appeared in person with personal information proving he couldn't be the father, county officials merely changed the biographical information on the custody forms to match Walter Sharpe's.

After looking into Sharpe's story, the Patriot-News newspaper was able to determine the child's real father, Andrew Sharpe, in less than an hour. That's because the girl has been living with him for the last four years. The girl's grandmother (who had custody for a time) says the real father has supported the girl the entire time. The article isn't clear on where Walter Sharpe's support payments have gone.

In May 2007, a judge finally ruled that Walter Sharpe isn't the girl's father.  But last October the same judge refused to reimburse Walter Sharpe for any of his past payments, much less all the damage done to him by the mistake. The county's arguments are incredible:

In court papers, the office stated it repeatedly advised Walter Sharpe to file a "petition to disestablish paternity" and he failed to do so for three years, so he is at fault.

It still claims he can't prove he is not the father because there are no DNA tests to show that, despite the fact the agency repeatedly opposed his requests for DNA testing.

"Furthermore, [the Department of Public Welfare] has experienced grave injustice as a result of [Walter Sharpe's] failure to address this matter in a timely fashion," a joint answer filed by Domestic Relations and the state Department of Public Welfare states.

The agency claims that because of Walter Sharpe's delay in challenging paternity, it is unable to recoup support payments from the real father.

"As a result of [Walter Sharpe's] delayed actions in this matter, DPW is forced to suffer unfair and irreversible injury."

I don't know if the office is correct about Sharpe failing to file a petition to disestablish paternity, but the court papers do seem to show the office really has no idea what's going on with the girl, given that she has been getting support her biological father all along, including him actually raising her for a good portion of her life. Meanwhile, Sharpe's own kids not only weren't getting the money Sharpe was spending on wrongful payments and legal fees, the mess made it fairly difficult for him to be an actual father for them, too.

Matt Welch wrote about this problem back in our February 2004 issue. Welfare reform laws require mothers to name a father in order to get benefits.  State bureaucracies then hound whomever the woman names for child support.  The problem is that there's little incentive for the agencies to get paternity right. Miss that first chance to challenge—even through no fault of your own—and prepare for years of hell trying to get your life back in order.

Related: A Canadian court ruled last week that a Toronto man must keep making child support payments to his ex-wife despite her admitting that her 16-year-old twins aren't his.

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  1. BALKO!!!
    *shakes fist*

  2. Paternity fraud needs to be a crime in all 50 states.

  3. So what, life isn’t fair.

  4. I think Matt Welch wrote about this exact case in Nov. right here on Hit&Run. But this kind of sh-t can’t be stressed enough.

  5. Compelling reason to join the ranks of eunichs, although, I would venture a bet that a defense such as “I am a eunich” would likely not hold up in this kangaroo court…

  6. So what, life isn’t fair.

    That’s what I’ll say to you after I dump a load of sperm on your back, steal $50 out of your purse and sneak out the back door.

  7. Damn you HTML! Foiled again!

  8. “As a result of [Walter Sharpe’s] delayed actions in this matter, DPW is forced to suffer unfair and irreversible injury.”

    This just buttresses my belief that public officials should be publicly executed for incompetence and/or malfeasance.

  9. But stories like this cannot happen if we get the right people in government! You libertards think that government is the problem when it fact it was just this one judge (probably voted for Bush too).

  10. Righton Brandybuck!

    If we had a more Progressive system the government would take care of all children.

  11. “The problem is that there’s little incentive for the agencies to get paternity right.”

    There is also little incentive for the mother to tell the truth as she will not be punished for lying. As noted above, make paternity a crime and the majority of these situations will not occur.

  12. I can sympathize with those DCFS workers. I confuse “Andre” and “Walter” all the time.

  13. But it is all for the children!

  14. As noted above, make paternity a crime and the majority of these situations will not occur.

    But without paternity, the human race would go extinct! How wonderful!

  15. make paternity a crime

    I like this idea.

  16. Walter, haven’t you ever heard the saying “it takes a village?” Well you’re the village.

  17. This is what happens when you turn single mothers into a cult to be worshiped and praise: the public at large is then averse to punishing this group when it engages in activity that harms others.

  18. I’m da baby daddy!

    Lurker
    http://www.anonymity.at.tc

  19. >Make paternity fraud a crime.

    Funny, I’m pretty sure perjury is already a crime and welfare applications are made under oath. Making something a crime is meaningless unless prosecutors will prosecute.

  20. why is he estranged from his family?

    He must have done something wrong, otherwise his family wouldn’t have rejected him and he wouldn’t have been charged all those fees. Courts don’t just get stuff like this wrong – there must be more to this story

  21. Courts don’t just get stuff like this wrong

    Oh, sad naive person. If only I had that rosy outlook I once did.

  22. Who on earth can defend this shit? I wonder if he’d have any success bringing a tort suit against the mother for naming him.

    why is he estranged from his family?

    Because his wife thought the same thing, and figured he’d be on walkabout with another woman to father the child.

  23. Also, look at the article about the Canadian guy–you will literally see in the judge’s decision and the comments “it’s for the children”.

  24. why is he estranged from his family?

    This looks like a job for READING!

    Meanwhile, Sharpe’s own kids not only weren’t getting the money Sharpe was spending on wrongful payments and legal fees, the mess made it fairly difficult for him to be an actual father for them, too.

    There we go. Mystery solved. Thanks for playing.

  25. Radley depresses me again, oh happy day!

    This is why everyone should be armed, so instead of going through all Walter went through, he could just start shooting people. I only ask that he be sure to shoot the right people, lest he be labeled a hypocrite.

  26. I’m going to go out on a limb and say, with 97% confidence, that the Chinese central government would be more likely to resolve this situation fairly than either the State of Pennsylvania or the United States Congress.

  27. Nobody claims this child? Awesome! We shall put it to work making american lead-based toys.

  28. A similar thing happened to me a couple years ago. The child support office from county I’ve never been to sent me an official-looking letter claiming that I owed $35k in back child support to some woman that I’ve never met.

    Fortunately, I knew better than to ignore this kind of thing, and I worked things out with the child support people with relatively little hassle.

  29. This is why everyone should be armed, so instead of going through all Walter went through, he could just start shooting people. I only ask that he be sure to shoot the right people, lest he be labeled a hypocrite.

    Like the Santa Claus guy in California?

  30. Walter Sharpe’s attorney alleges that when he appeared in person with personal information proving he couldn’t be the father, county officials merely changed the biographical information on the custody forms to match Walter Sharpe’s.

    That should be simple enough to prove. Also, that act, along with the failure to grant paternity DNA testing, warrants a federal rights suit against the County (violation of the 6th). Ergo, Walter’s attorney sucks.

  31. While the entire thing is ridiculous, ignoring the initial letter was a very very stupid thing to do.

  32. When he fell behind on support for his real children, their mother inquired about it and believed he had fathered another child while they were married. She cut back on his contact with his children, he said.

    Further mystery solved. Bold explains why he was estranged, as I surmised above.

  33. So he ignored it.

    Big mistake.

    I’m not certain that responding immediately rather than blowing it off untill the hammer of the state came down would have helped, but it sure wouldn’t have hurt.

    That disclaimer out of the way, in a country where government employees actually act like they are accountable to the public that pays their salaries, the very first bureaucrat he encountered with solid irrefutable evidence that he was not the man named in the paternity declaration should have gone out of her/his way to clear the mess up. The bureaucracy all the way up the food chain should have expedited getting this fuck-up corrected.

    But that ignores the reality of bureaucats. If they do anything at all, bureaucrats serve only the bureaucracy. Nobody will be disciplined in the slightest for fucking this guy over because they didn’t harm the system, only a some faceless citizen.

  34. Fortunately, I knew better than to ignore this kind of thing, and I worked things out with the child support people with relatively little hassle.

    How much did you get the payments reduced by?

    🙂

  35. Nobody will be disciplined in the slightest for fucking this guy over

    No reason to. According to the court, they didn’t. He did it to himself.

  36. Nobody claims this child? Awesome! We shall put it to work making american lead-based toys.

    See- give the child a job, and he becomes self-supporting, eliminating the need to extort money from some random sucker.

  37. But why wouldn’t he have corrected it with the first letter?
    We have to send the right message and make an example of people who don’t pay their child support. What kind of message would we be sending if we let this woman go without having her child support paid for?

  38. ^

  39. I’m not certain that responding immediately rather than blowing it off untill the hammer of the state came down would have helped, but it sure wouldn’t have hurt.

    Almost all of these cases are about default judgments. If you ever get a summons saying you’re being sued for something you could not have done, and you choose not to go to court to inform the judge of the fact, you’ll find a default judgment entered against you. Once entered, default judgments are very difficult to open up and reverse.

    In most areas, plaintiffs try to find the right defendants to begin with, but as the article notes, single mothers have a perverse incentive not to correctly identify the guilty party.

  40. Rein? Really?

  41. “Furthermore, [the Department of Public Welfare] has experienced grave injustice as a result of [Walter Sharpe’s] failure to address this matter in a timely fashion,” a joint answer filed by Domestic Relations and the state Department of Public Welfare states.

    What the fuckety fucking fuck? How does a department suffer an injustice?

    Now I’m worried my TV will sue me for yelling at it during Bears games.

  42. Rein? Really?

    I only do it on occasion. I guess I should just wait until all the other not-real-trolls around here decide to stop trolling too, eh?

    My (late) new year’s resolution:
    no trolling H&R

    Speaking of which – how long did J sub last last year without swearing?

  43. Here is where I am confused…

    He lost his job, paid more than $12,000 in support and fines

    Why did he pay?

    Given the issue was one of mistaken identify, doesn’t paying the support just confuse the matter…serving as an admission that you do indeed owe the money?

    This seems to me to be the bigger mistake than ignoring the initial letter.

    Not filing (for 3 years) the recommended “petition to disestablish paternity,” the solution to the issue offered by those claiming he was supposed to pay support, was also a big mistake.

    Now…clearly the agency is primarily at fault here, but the situation dragging on like it did seems to have been an interactive affair…idiot bureaucracy dealing with incompetent legal representation.

    The girl’s grandmother (who had custody for a time) says the real father has supported the girl the entire time. The article isn’t clear on where Walter Sharpe’s support payments have gone.

    Perhaps she is attributing Walter’s payments to Andre?

  44. SREEEEEEEECH SREEEEEEECH

  45. If we had an incomeless society this really would not be a problem at all. Can’t you see that?

  46. Neu Mejican, in the upside down capitalist class society with judges acting as if they are robber barrons, what you say is the way he should have done it.

    The way things are the whole government is a tool of the capitalist system and if you owe them money they will get it some how. Like robbing his wages or selling his house or even jail.

    Until we have a Progressive government of the people this is the way things are going to be.

  47. A better decision would have been made if the judge was a woman.

  48. Given the issue was one of mistaken identify, doesn’t paying the support just confuse the matter…serving as an admission that you do indeed owe the money?

    I was assuming they were garnishing his paycheck.

  49. Child support is nothing but a testicle tax to begin with. The least they can do is tax the right damn testicles!

  50. Folks, the mother didn’t name Walter as the father.

    She named Andre, and the bureaucrats took it from there, assuming “Walter” was close enough to “Andre” for government work.

  51. Child support, absent a contract, should be abolished.

  52. ktc2 proves that “Libertarians” are all about the contracts and do not care about people. Even the little children.

  53. Sounds like this could have been cleared up in about five minutes by a competent lawyer who knew what to file, and where.

    A default judgment is a default judgment.

    JonAnon, Esq.

  54. Child support is nothing but a testicle tax to begin with. The least they can do is tax the right damn testicles!

    If only Reason had bigger balls, it wouldn’t be so chickenshit as to scoff at the idea of true reproductive freedom for both sexes.

    Grow a pair, Reason!

  55. No one cares about the little children, except maybe their own little children. Children are just an emotional bludgeon used by the bureacratic progressive tyrants to keep the productive and intelligent people down!

  56. Also, the Canadian case isn’t all that unusual, and could have just as easily happened here in the US.

    The standard for decisions in family court is “the best interest of the children.” It’s one of the few places in goverment where “it’s for the children!” should hold weight.

    If you act as a parent to a child, the law presumptively considers you a parent, biology be damned. In some places, merely being married to the mother at the time of birth makes you legally the parent, regardless of extenuating circumstances.

    Family law can really screw guys over in certain circumstances, but it’s not supposed to rise to the level of “pick a random dude and hound him for the cash”

  57. “That’s what I’ll say to you after I dump a load of sperm on your back, steal $50 out of your purse and sneak out the back door.”

    You’re so boringly predictable in bed.

  58. 1. I feel for this guy, but

    2. the moral to his story is DON’T IGNORE CERTIFIED MAIL LETTERS FROM LAWYERS.

    It’s always possible that this would have happened anyway, but if Walter had responded to the original letter it would have been a lot harder.

  59. Neu

    It’s unclear if he paid willingly.

    It’s called garnishment. As in, they show up with guns (ok, not guns) – they show up with a court order and clean out your bank account or paycheck.

    More generally….

    Yeah, the guy should have challenged the BS right from the get go. But in the end, what’s the difference between this injustice and a wrongful conviction for a crime? In the end, the wrong person is being held accountable for some action. Wrongful conviction, wrongful paternity responsibility – both can screw up a life.

    The simple fact is, a DNA test would have established beyond a doubt who isn’t (and in the case of the real father) who is this kids daddy.

    Naive me thinks facts should prevail above all.

  60. The Judge should, of course, be euthanized with a bullet to the back of its head.

  61. The guy is a trash collector. Did everyone fail to notice that? It’s not like he’s brilliant or anything.

    So some dumb guy made a mistake and didn’t know how to work the system. He still doesn’t deserve this!

  62. Anne Keckler, do you talk to all of the workers like this? Are they all stupid knuckle draggers in your hate filled world?

    Maybe you should watch Fight Club and adjust your high and mighty princess attitude.

  63. “Why did he pay?”

    A couple folks have mentioned the possibility that his wages were garnished, but there’s also this from the initial post – he “was jailed four times for failing to make payments.” Maybe he found paying money he didn’t owe preferable to being incarcerated for not paying money he didn’t owe.

  64. Once entered, default judgments are very difficult to open up and reverse.

    Not really…

    Default Judgements are issued when you are summoned and are a no-show, but usually, when you do start dealing with the courts (usually when the person who got the default judgement tries to collect) they are rather easily overturned if you are not the right person or an error was made, or you have a l.

    I have had an account frozen after a default judgement was entered against me (The process server never served me or anyone at my house — he just lied and said he did, and the courts will take their statements as true if you aren’t here to dispute it). Once I got the letter from my bank that these monies are going to be taken from me, I sent my lawyer to court to have the default judgment overturned and then argue the merits — which we won (the debt wasn’t mine, and the service was improper)

    I once had a debate with a local circuit judge about how the system is screwy if it allows judgements to be entered when people are improperly served or not served at all. He said “well thats why default judgements are easily overturned once you do get notified and then you can argue the merits of the case”

    In the case of Child Support, judgments seem to be made harder to overturn because of the potential adverse effect on the child, and the the deck is stacked against you.

    In this particular case though, this guy was a fool for ignoring a summons thinking “well I dont have any illegitimate children”. If the state is summoning and accusing you of fathering children and wanting you to pay support, you need to go clear that up and not ignore the summons regardless of whether or not you are the father.

    That said, there should have been a better remedy for this guy, and the conduct of the department is also rather shameful.

  65. 1. I feel for this guy, but

    2. the moral to his story is DON’T IGNORE CERTIFIED MAIL LETTERS FROM LAWYERS.

    It’s always possible that this would have happened anyway, but if Walter had responded to the original letter it would have been a lot harder.

    Yeah, but what do you do if the letter is addressed to someone else? If I got a letter to someone named frank(with my last name), with a different birthday and SSN, I’d probably ignore it, too.

    Trying to correct such mistakes with bureaucrats is a near impossible task. They either refuse to speak with you because you’re not the person from the letter, or insist that you are that person. Anything else would cause them to do some actual work.

  66. Speaking of which – how long did J sub last last year without swearing?

    A couple of weeks. Then some idiot cheered killing cops and I kinda fell off the wagon.

    Ah yes, the Ryan Frederick/Jerrod Shivers thread (you just know it would be a Balko post).

    Here is the comment where I made my first minor slip-up.

    IIRC, it went downhill from there.

  67. “If you act as a parent to a child, the law presumptively considers you a parent, biology be damned.”

    Are you certain of that? The reason I’m asking is because a few years ago, I was engaged to a woman who had a bright, funny, well-behaved 10-year-old daughter. During the engagement period, they lived in my house and the daughter called me daddy (something she’d dreamed of since she was 5-years-old).

    Anyway, the mother stopped taking her PTSD meds pretty much shutdown, succumbed to paranoia, and called off the wedding. About a week later, while at my house the daughter told us her biggest fear was that because her mother had ended the engagement, she wouldn’t be able to come to my house any more. Her mom told her, “That’s silly. You’ll be over here all of the time.”

    Turns out the daughter was right and I haven’t seen her in nearly four years. And contrary to what you claim in your post (“If you act as a parent to a child, the law presumptively considers you a parent, biology be damned”), I can’t imagine I’d have any legal standing whatsoever with respect to visitation rights.

  68. The solution?

    LOVEBOTS

    The future is SEEEXXXY!

  69. In this particular case though, this guy was a fool for ignoring a summons thinking “well I dont have any illegitimate children”. If the state is summoning and accusing you of fathering children and wanting you to pay support, you need to go clear that up and not ignore the summons regardless of whether or not you are the father.

    But the summons wasn’t for him…

    When Walter Sharpe received the certified letter on Feb. 6, 2001, he knew the complaint for child support was a mistake.

    Andre Sharpe had a different date of birth, a different Social Security number and different previous addresses.

    If my name was Bob Smith and I received a summons for Jabor Krakovsky, I would trash it too.

  70. Blue,

    Lovebots or pronbots?

  71. “Funny, I’m pretty sure perjury is already a crime and welfare applications are made under oath.”

    Well for my part I was more interested in the innocent man than the f’ing State.

    As someone pointed out the mother maybe innocent in this case. I am curious about where the money went. Usually it is split between the State and the mother, the two parties who are held unaccountable. Great system.

  72. “As a result of [Walter Sharpe’s] delayed actions in this matter, DPW is forced to suffer unfair and irreversible injury.”

    “The staff was only able to put away only 3 boxes of Ho-Hos? the next day, as opposed to their usual 6 boxes, on account of their inconsolable grief from this affair.”

    Balko, you go this off the deleted scene reel from Brazil didn’t you? Gilliam said on the DVD that he thought that this scene was “just too much to suspend disbelief.”

  73. Child support, absent a contract, should be abolished.

    Agreed. Child support is a leftover from the patriarchial society of old, where a woman is not resposible enough to decide to have a child, the child is nothing more than the seed and progeny of the father, and that women are too weak to support themselves.

    But hey, once a Gov’t subsidy, always a Gov’t subsidy, right?

  74. Irving,

    I play a Dr. on the internet (i.e. I’m not a lawyer), and I should have been more clear.

    I think the “act as a parent = parent” line of reasoning requires fairly substantive parenting, actually providing support, etc. (E.g. The guy in Toronto who raised the kid as his own for 16 years). That and visitation rights vs support payments could apply very different lines of reasoning “in the best interests of the child.”

    But it’s not too hard to find storied of US dads who must pay support for kids who aren’t theirs. See this Time story, for example:

    http://www.time.com/time/magazine/article/0,9171,1580398,00.html

  75. Naga,

    Why can’t you accept that it is love? [weeps in shame]

  76. There is also little incentive for the mother to tell the truth as she will not be punished for lying.

    I’m surprised we have yet to see a case where a woman knowingly targets an innocent but wealthy man for a paternity claim. All she has to do is give a fake address, and it’s likely he never gets notice before the statutory period to contest her paternity claim has passed. Since courts have consistently held that not receiving notice does not suspend the time limitation on contesting paternity, I see no legal bar to such thievery.

  77. Bob,

    Rich people can buy justice.

    It’s the rest of us that are screwed.

  78. I wonder if the guy had just started a new job. Anytime someone is hired their info is entered in the national registry of new hires which was created in the Clinton admin, that get checked against a deadbeat dad database.

    http://www.cnn.com/US/9809/30/deadbeat.registry/index.html

    from the article
    “Custodial parents can enter information about the deadbeat parent in the registry. That information will then be checked against data in a separate registry, the National Directory of New Hires, which includes records for everyone who begins a new job.

    Critics of the registry concept say that many custodial parents who try to go after child support after a multi-year lapse won’t have enough accurate data to make a match.”

  79. I’ve read a little about this and how it works is if the court decides someone has to pay support for a child then they don’t care – not one iota – if who they select is the real parent or not, just so long as they pay. And if the court does select you you have a very narrow time window – 30 days at most – to undo it. Message got lost in the mail? You were in hospital? Too bad, cause once that window is up you have FA chance of getting off the hook.

  80. Even inn an enlightened district, generally the only way to get a default judgement voided is to *prove* the service of notice was bad. If the process server decides to lie, you basically have to prove beyond a reasonable doubt that you were not correctly served.

  81. Andre Sharpe had a different date of birth, a different Social Security number and different previous addresses.

    What I’m confused about here is how they managed to garnish his wages when the only thing they got right was his address. How did they even gain access to his wages or accounts when they didn’t even have his name or SSN?

  82. Here’s what will SOLVE this problem once and for all: No woman has any right to a DIME from any man for child support unless he is the father of the child in question, AND he was her HUSBAND at the time the child was conceived. (If he raped her, he ought to be put to death, so that takes care of that problem.)

  83. This is important to people who can afford internet connections why?

  84. “Are you certain of that? The reason I’m asking is because a few years ago, I was engaged to a woman who had a bright, funny, well-behaved 10-year-old daughter. During the engagement period, they lived in my house and the daughter called me daddy (something she’d dreamed of since she was 5-years-old).

    Anyway, the mother stopped taking her PTSD meds pretty much shutdown, succumbed to paranoia, and called off the wedding. About a week later, while at my house the daughter told us her biggest fear was that because her mother had ended the engagement, she wouldn’t be able to come to my house any more. Her mom told her, “That’s silly. You’ll be over here all of the time.”

    Turns out the daughter was right and I haven’t seen her in nearly four years. And contrary to what you claim in your post (“If you act as a parent to a child, the law presumptively considers you a parent, biology be damned”), I can’t imagine I’d have any legal standing whatsoever with respect to visitation rights.”

    Perhaps when she’s old enough to act on her own behalf, she’ll make an effort to reconnect. Good luck with that, Irving.

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