Tulsa World: Child support law leaves man a default dad

MAKE US YOUR HOMEPAGE | Saturday, November 21, 2009 | WIRELESS

Home > News > Article

Newspaper View Print this story

Comment

RSS

Bookmark

Child support law leaves man a default dad

Brande Samuels, 29, shows some of the child support documents from the Oklahoma Department of Human Services. Samuels has been forced by the state to pay child support for a child but DNA tests show he is not the father. SHERRY BROWN/Tulsa World Friday

By JARREL WADE World Staff Writer
Published: 10/13/2008 2:04 AM
Last Modified: 10/13/2008 2:14 AM

Convicted and incarcerated for possession of drugs in 2002, Brande Samuels made a deal.

He promised himself and his family that when he left his prison cell, he would work hard to build a stable and positive life.

After two years in prison, he was released early on good behavior and worked for less than minimum wage while he trained to become a welder.

But that's when he first got notice from the Oklahoma Department of Human Services' Child Support Enforcement Division that he owed child support, he said.

Now, Samuels owes about $13,000 in back child support, he lives with his ailing grandfather and DHS seizes portions of his wages every month.

"The last four years have been the worst in my life," Samuels said about life since leaving prison in 2004. "I went into so much debt."

Samuels said under other circumstances he would take full responsibility for the child as a father should.

But he is not the father.

0.00 percent chance

Samuels was aware of the possibility that he might be the father during the pregnancy, he said. But the mother had been in another relationship at the same time.

"She wouldn't even allow me to sign the birth certificate," he said.

Two months later, the mother — Nadia Smith — put his name down as the father when she filed for child support, which Samuels wouldn't learn about until after his Oklahoma prison sentence, he said.

"They make (the mother) give

up a name for the potential father. If she doesn't give up a name, then she can't get any assistance," Samuels said about the process to receive child support.

Jeff Wagner, spokesman for DHS, said when a mother is opening a child support case, she names the alleged father and provides "a great deal of information" in the Mother's Affidavit of Paternity.

In 2004, when Samuels left prison and learned of his obligation to DHS, case workers told Samuels if he wanted to fight the original order and get a hearing, he needed a lawyer, he said.

"I just want to be heard," he said. "The court was made for justice. It was made to help make the right decision."

Samuels did not have enough money to pay a lawyer, and no one would take his case for free, so in 2006, he approached Neighbor for Neighbor, a Tulsa nonprofit organization. They helped him prepare papers to require the mother to provide the child for a DNA test.

He found out then that the mother had left the state and had to be tracked down. She had left Oklahoma for Texas, Texas for Iowa, and then Iowa for Mississippi between 2004 and 2007, he said.

Neighbor for Neighbor helped Samuels track her through the courts and filed court papers seeking a DNA test from the child in March 2007, according to court records.

Two months later, Samuels received DNA evidence that the child support had been based on a false assumption. He was not the father — 0.00 percent chance.

"I was hurt. I was actually hurt because they put me through all this stuff without the child even being mine," he said.

After his three years of work, he believed he would be forgiven all his debt for the child, he said.

But it wasn't forgiven, and according to Oklahoma law, it won't be forgiven.

Default fatherhood

In child support cases, the burden of proof is on the alleged father — the accused — according to Oklahoma statutes.

An alleged father must appear at a child support hearing to request a paternity test. If he does not appear, he is legally designated as the father and child support is established in most cases.

Once designated as the father, that person is financially responsible for the child until he or she is 18 or adopted with a few stipulations for petitions which may vacate the original order, according to Oklahoma statutes.

DHS records show that Samuels was served papers to appear for his child support hearing in 2001, but Samuels said he was working in Texas at the time and could not have received the notice.

Wagner said by Oklahoma law someone can be legally served if the subpoena is put into the hands of someone 15 or older who lives at the same residence as the person.

But Samuels said the documents never touched his hands.

Regardless of the outcome of the DNA test, which Samuels spent three years trying to get, it was already too late.

Samuels was ruled the default father in 2001, and legally, DNA has no bearing.

"If you got me on default, you should still have to prove that I'm the father," he said.

This is the second recent story in the media of a default father being forced to pay child support in a bureaucratic nightmare with DHS.

The first, reported by The Oklahoman, was about Micheal Thomas of Tulsa, who had shown that he had never even met the mother and that he had DNA evidence that showed he wasn't the father. Still, he became a default father after missing his initial court hearing.

DHS does not keep statistics on the number of established fathers or default fathers who are not genetically related to the child they are responsible for, Wagner said.

In the eyes of the law and DHS, once paternity is established, there is no difference.

DHS officials would not comment on whether any changes have been made in establishing paternity since the Micheal Thomas case was reported.

Jarrel Wade 581-8310
jarrel.wade@tulsaworld.com

Paternity figures

Between April 1, 2007, and March 31, the state Department of Human Services established paternity of 20,452 children in Oklahoma —of those cases, 5,208 were forced through court order, according to DHS Child Support Enforcement Division records.

In the same time period, there were 3,127 paternity tests conducted in DHS cases. Of those, 781 of the alleged fathers were found not to be the genetic father and were released from the case.

By JARREL WADE World Staff Writer

Newspaper View Print this story

Comment

RSS

Bookmark

Reader Comments

Show: Most Recent Comment First

Add your comment

81 comments have been made on this story so far. Tell us what you think below!

Reporting Comments

If you see a comment that violates our terms and conditions, please help us by clicking the "Report this Comment" link next to a comment. That will alert the web staff to review the comment. Thank you. -- Web Editor Jason Collington

	Report Comment Isaac Parker, Tulsa (10/13/2008 4:12:10 AM) This article just goes to show that there are irresponsible women, as well as, irresponsible men and the supposedly neutral courts favor irresposible women when it comes to "absentee" parents.
	Report Comment seymore1965, Tulsa (10/13/2008 4:57:26 AM) Squeezing money from an innocent third party just seems wrong. No, it is wrong.
	Report Comment Taxed-2-Death, (10/13/2008 5:59:03 AM) You are not alone. The D.A. will take every action possible to insure you never have the money to hire an attorney. The two children featured (in my case) in chanel 2's "Father's Doy Out" (I believe it was 1993) were displayed as the poor abandoned babies I had no concerns for, not as they really were -- mine, living with me, being supported by me, in my home with no money because my former wife comitted welfare fraud. The children I supposedly abandoned were adopted in 1985, and moved to Italy, all paid for by the USAF, but no sharing of records was allowed. It took over 23 years to clear it up. Nevada just recently refunded the stimulus check they wrongfully siezed, THIS YEAR, for a 28-year-old child. I got it back -- WE got it back -- but even after all this time, it's still a nightmare. If you have male reproductive organs, you're blanked! It will NEVER, EVER end. Good luck.
	Report Comment Kevin, (10/13/2008 6:10:26 AM) I sure wish they would get my wifes ex husband to pay for his kids.He is thousands behind and they wont do anything to him.
	Report Comment concernedpapa, Kiefer (10/13/2008 6:26:23 AM) If this is indeed the case, and I have no reason to disbelieve it isn't, the legislature needs to adress this peoblem immediatly. To make someone responsible for a child they didn't father is wrong, and saying they are within the law does't make it right.
	Report Comment HardHeartedHanna, (10/13/2008 6:36:12 AM) So, why isn't the mother guilty of purgery? Where is the real father? Are there no humans at the Department of Human Services? Sounds like only a computer is running the show. So, start at the top and fire that person. Then ask if this guy still owes child support. If the answer is yes, fire the next person. Repeat. I hope this guy can stick it out and prevail.
	Report Comment OkieGrump, Okmulgee (10/13/2008 6:37:58 AM) Write to your local State Representative and Senator demanding that this travesty be corrected. Require women to detail each and every possible father for a child when seeking support. Require DNA before assigning paternity.
	Report Comment 2curious, Tulsa, OK 74104 (10/13/2008 6:59:24 AM) This is amazing. Utterly, amazing. Can't someone just go into the hall of records and say...we made a mistake...this guy should be removed from the list? I mean, seriously. This is a joke. A DNA tests says 0.00 percent chance he's the father? And we still want him to pay owed child support? Hell, he didn't even know she put his name on the birth certificate for cryin' out loud! C'mon...somebody restore my faith in the system. Somebody, show some common sense. SOMEBODY! Good luck, Mr. Samuels. Hope you get your life back.
	Report Comment R.D. 01, (10/13/2008 7:12:47 AM) Ask the DHS to help you get visitation. They have no ears to hear you with. They make sure you pay every penny of child support and there is a plethora of punishment if you do not pay up. They do nothing; I mean NOT one +^%$# thing to make sure you get to see the kid either. Why don't they help him get visitation? Isn't this fraud for putting his name down on the lying woman's part? The DHS should be put on trial for discrimination! This is wrong and illegal but not a &^#@# thing is done about it. They know the non custodial parents have been finacially mutialated and cannot afford an attorney so we are always treated like %#!@ matter by the DHS. The court systems do nothing to help non custodial parents. Try to find a denial of visitation form on the Familisintransitions website? It is a joke. They do everything they can to make you hire an attorney instead of helping non custodial parents. I promise you there is no help with visitation. I have lived it and it is HELL in this state. If someone tells you they do help you with visitation they are not just a liar they are a ^%^#@ LIAR! I have lived it!
	Report Comment Dad, Up North (10/13/2008 7:17:46 AM) And some want the government to run healthcare!
	Report Comment KJNOKIE, TULSA (10/13/2008 7:22:42 AM) This is entirely wrong and should be corrected. The state is an accomplice in the scam.
	Report Comment momof5, (10/13/2008 7:35:48 AM) I think I will get pregnant and put the wealthiest elected official from Oklahoma on the birth certificate and see how long it takes for the law to be changed. This is totally rediculous (sp). Why even spend money for a paternity test if they are going to "appoint" a father? What woman would list a crack smokin male with no income as the father when she can get alot more in child support by naming someone who is gainfully employed and a decent citizen! Talk about needing reform, I think I have just about heard it all. I would also like to know, does it work the other way around if a man wants to name just any female as the mother, does that female have to pay child support? Just a thought.
	Report Comment used to be too, (10/13/2008 7:39:37 AM) Welcome to a state run system. No oversite what so ever. My personal experience with OKDHS Child Support Division has been taxing to say the least. Threats of imprisonment and revocation of my driving license, placing leins on personal property. All of this even when my support payment obligation were/are on time and current. This is business as usual though for non custodial, law abiding parents who ARE doing the right thing. I have called the Oklahoma City main office and complained and all I got was a letter from my home office that all complaints should be made through them and not the main office. They have no phine listing, only a toll free number that takes days to get a reply. If I ran my business in the way that this division of the state did, I would be brought to justice in the court system for fraud and simple stupidity. If there were any state division that resembled mafia tactics, this is it.
	Report Comment BrentW, Tulsa (10/13/2008 7:54:17 AM) OKDHS and the Oklahoma Child Support Enforcement Agency are a Joke. My wifes ex in teh 8 years we have been married as never been current. We went to court and had the OCSEA take over the garnishments and now he doesnt have a job. Its an all or nothing deal. You either let them handle it or dont. You cant take anything by hand or mail any longer. But they tell you they will enforce the laws and put them in jail for not paying yet unless youc all over and over each month they do nothing but collect money and collect interest off that money because they hold anything large like a tax refund for 30 days before giving it to you. Its a joke and this story does not surprise me. Like the fllow above. Her ex is in the thousands behind and at this point has paid nothing in over a year and they yet they do nothing. Why do we even pay them? Its a joke and the whole system is a joke.
	Report Comment TigerSoccerMom, (10/13/2008 7:57:57 AM) It's the Golden Uterus Rule: A woman can be lie, manipulate and dupe a man into thinking he's the father and get away with it because she's the muuuther. It's ridiculous. Not only does she get away with it but she's rewarded monitarily with child support. This subject pisses me off to no end.
	Report Comment Really???, Broken Arrow (10/13/2008 7:59:57 AM) This is VERY common. You can sue the mother for fraud and falsifying documents but good luck getting a lawyer to touch it! Plus it is so expensive to go to court and take your chances that most will just pay the child support. However, thank you thank you to services like Neighbor for Neighbor and Legal Alternative that give people the oppertunity to afford the legal counsel they are entitled to!
	Report Comment Taxed-2-Death, (10/13/2008 8:07:07 AM) Endora, the simple answer is $$$. No money in it. An attorney's expenses would be far more than the share of a refund you might be able to get your client and you can't collect punitive damages from someone that is following the law. The laws need to be changed, but what idiot would survive losing almost all of the female vote -- you know any opponent would spin such an effort way out of context.
	Report Comment Taxed-2-Death, (10/13/2008 8:20:03 AM) Soccer mom... AMEN. Really???... you, too. HardHearted...conflict of interest, you can't prodsecute your own client. usedtobe...they threaten, yes. They know that if you are arrested you have the right to an attorney and a jury. I spent a whopping 4 hours in jail, until asking for a lawyer. Charges were dismissed, but the collections continued.
	Report Comment tfromtulsa, Tulsa (10/13/2008 8:30:01 AM) momoof5 - "appoint" a father - that's a great way to put it. DHS is just evil. I hope a competent attorney steps up to the plate and helps out Mr. Samuels. This is unbelievable.
	Report Comment YAYTulsa, Catoosa, OK (10/13/2008 8:30:48 AM) How about a blanket "penis tax" that can benefit all children. Men pay it, children get it. If you're a man who is taking care of children, you benefit from it. No more legal questions about who's baby it is because it doesn't matter. I honestly think that the Mom/Dad system is not the best one due to the frequency with which one of those parties leaves. The Mom/Mom's Family system is better, that's what it ends up being so much of the time anyway. That's a bond a kid can count on.
	Report Comment QLC, (10/13/2008 9:34:08 AM) Boy it is obvious James works for the state. What a great mentality, don't blame me I only follow the procedures in front of me. Must be nice to believe that everyone can be where the government says you have to be at their convenience for an initial hearing. How is it that everything else is appealable but boy don't miss your initial hearing to deny some liar's claim that you are the father. James, it sounds like you have the perfect job. Never have to worry or feel shame, just apply the rules and move on. However, you should worry because a machine or monkey can replace you.
	Report Comment type stretcher, Sapulpa (10/13/2008 9:49:43 AM) It should come as no suprise that the Oklahoma Department of Human Services is in a financial mess when it comes to deal with financial responsibility of child support. The mess has been ongoing for the past 15 years and yet nothing has been done to correct the monumental disasters created by DHS, especially in Creek County. A good reporter ought to be able to find case after case where wages have been attached of men who have more than met their parential obligations. Any person caught up in the DHS web better make sure he has the receipts to back up his claims in court. And god help you if you have to go before Creek County Associate District Judge April Sellers White.
	Report Comment Team Ramrod, South Tulsa (10/13/2008 9:51:38 AM) Thanks QLC, your last sentence made me laugh out-loud and is so true. I find that the comments from James from MWC are so representative of the typical trash that work for these low-level government offices. Not very educated, unwilling to use their brain...just there to waste away the hours so that they can collect a check and try to make everyone elses life miserable, just because they are unhappy with their station in life.
	Report Comment 2curious, Tulsa, OK 74104 (10/13/2008 10:10:26 AM) James from MWC: He was in Texas. He wasn't even notified. Momof5: GREAT IDEA. Make sure you pick someone who might be difficult to notifiy.
	Report Comment michael andrew, (10/13/2008 10:11:28 AM) i feel this mans pain.....i went through bascially the same thing. i have a child & unfortunately i was not the father listed on the birth certificate. i paid child support for 5 years, then when her & i had a falling out, i wanted to see my daughter, i wasnt allowed. i went to court & found out that no matter what the dna test showed, the father listed on the birth certificate was the one responsible for child support. even after all i went through, i cant see my little girl until she is 18. lord knows DHS, doesnt care about the father. the child is the only thing that matters to them...... i hope that oklahoma does something about this because DHS is a joke!

25 of 81 comments displayed. | View All

Add Your Comment
In order to post a comment on this article, you must sign in to Tulsaworld.com. If you do not have a site account, you can create an account for free.