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Harrassment and Abuse of Power by the DCSS (all documented)

THIS WEB SITE WAS CREATED ON BEHALF OF KEVIN GESSON AND HIS FAMILY TO HELP OTHER PRESENT AND FUTURE PATERNITY FRAUD VICTIMS

Attorney Linda Ferrer Overturns the Fraudulent Paternity and Child Support Judgment Against Kevin Gesson.  It Took Our Family 9 Years and over $50,000 in Child Support Fees and Legal Fees.  Kevin finally has his life back.

As soon as the fraudulent judgment was overturned at the local level, the San Bernardino County Department of Child Support Services (DCSS) appealed the case to go to the appellate court.  THIS WAS A HUGE WASTE OF TIME AND RESOURCES FOR THE TAXPAYERS.  DCSS was appealing this case even though it was extremely evident that it would be frivolous and without legitimate purpose.  This was wasting the Court's time, resources and money.  It was creating an unneccessary burden on the Court, the taxpayers, Kevin Gesson and his family.

DCSS admitted that Kevin is not the father.  DCSS is morally corrupt and evil to deliberately admit they know Kevin is not the father, but they want to reinstate his paternity judgment just to get money.  Kevin has never spent any time with this child and does not know this child.  To try to take Kevin's livelihood (see description of livelihood below) away from him once again is harassment of the worst kind.  Why can't DCSS spend the time and money to go after the real "deadbeat dad" as they should be doing in all of these paternity fraud cases.  Finding the real biological fathers would give children the right to know their medical heritage and their inheritance rights.  Child support services doesn't care about these children or the fraud, they care about the money.  Decency, honesty, and integrity is nowhere to be found in this government agency.  We are willing to make a face-to-face report to any legislator about this abusive rogue agency that is not accountable to the taxpayer and ignores the law when it does not favor them.  (Your livelihood is taken away because if you don't make a child support payment or your payment is 30 days late, the DCSS takes away your driver's license, your business licenses, your passport, they seize your tax returns and seize your bank accounts.)  Kevin had already paid $14,000 for a child that was not his and when DNA proved 0% (zero) parentage, he stopped payments.  So you can see how important it is to stay away from getting your name in the DCSS system.  Once you get your name in the system, and you get behind in a payment, you will lose your livelihood!  We are warning people to do everything they can to keep their names out of the Department of Child Support System.  You can make a private notarized agreement for child support with attorneys and it will never be as damaging as having your name in the DCSS system.  Women who need child support realize that without a driver's license, it is extremely hard to get and keep a job.  So why would you file child support with the DCSS who will take the father's license away when he gets behind in payments?  Only a fool will do that.  The brutal tactics of the DCSS are backfiring on them and eventually no one will want to take advantage of their "services" if that's what you want to call them.  Services by DCSS mean that you pay extra for being late, and there are no exceptions.  DCSS has billed a dead man for being late on his payments, documented in the state of Nebraska.   DCSS has billed a father for being late for child support for his dead son, documented in the state of New York.    The DCSS charges a late fee just like a credit card if you are day late on your payment.  Greed is abundant, it's all about money.  It's not about the children.

Attorney Linda Ferrer partnered with attorney Jeffrey Doeringer, certified appellate law specialist, to prepare for the appellate court case in May, 2006.  We concentrated on going as public as we could to expose the government waste of taxpayer money and resources, the injustice, and the abuse of power by the DCSS.  

Fortunately, the DCSS attorneys dismissed the case from the appellate court on June 21st, 2006.  That was the first realistic thing DCSS attorneys have done in almost 1 and 1/2 years of litigation, for the taxpayers, the mother and child, and Kevin Gesson and his family. (The mother had reapeatedly asked DCSS to drop the case against Kevin and they would not respond to her requests).

Please see the link below if you are interested in the case history and details of the litigation:  Kevin's Case History by Date for reversal of paternity judgment.

WARNING TO ALL MALES:  Don't let yourself become a default father.  A default father is a legal status given to you by the court and the child support services, if you are, or even if you are not, the biological father.  You will have to pay child support even if you prove by DNA that you are not the biological father.  You will be paying in place of the real father (the deadbeat dad).  When a woman names you as the father of a child, you have appoximately only 30 days to prove non-paternity in California.  (A recent bill, in California, AB 252 gives men more time, but that will end in Dec., 2006).  If women drag their feet on getting DNA, it is easy to go past the time limit.  Most men don't even know that they have been named the father until it's too late, because they don't find out until after the 30 days is up.  Women are never held responsible for naming the wrong man.  Being married does not protect you from paying for children that are not biologically yours after you get a divorce or even after you lose your visitation rights.  (See List of Paternity Fraud Cases link at left)  Women are forced to name a father (any name will do) when they have to file with welfare for health care insurance for their child.  Women name men erroneously, intentionally or unintentionally, for various reasons.  Women know who they've had sex with.  They owe it to their children to find out the truth about the biological father before naming him.  Children deserve to know their medical ancestry and inheritance rights.  When DNA proves non-paternity to erroneously named fathers, the family is destroyed.  Fathers feel cheated and the children have to deal with their mother's irresponsibility and ask the final question, "who is my real dad?"  

Default dads paying for children that are not theirs has become a national epidemic.  This fraud is encouraged by child support services who will not ask for DNA proof when fathers are named.  In fact, the child support services in California will discourage you from getting a DNA test when you are named.  They don't care if you are the biological father or not, they just want the money from someone.  In their zealousness for collecting money from "deadbeat dads", innocent men have become their victims with no way out.  If the default father becomes a month behind in child support payments, his drivers license and all business licenses are taken away; in essence, his livelihood is taken away.  These paternity fraud victims and their families (especially the children) are damaged emotionally and financially.

• Our family was very naive about the child support and paternity laws over nine years ago when my son became a victim of paternity fraud.  If only we had read one article or had one friend who could have told us how to proceed, and how the child support system works, it would have saved us an enormous amount of emotional and financial hardship that has lasted eight long years.  Unfortunately, the child support system policies that would set up innocent men to pay for children that were not biologically theirs were just beginning back in 1996 with the new welfare legislation.  That was when we were caught up in the "default father" victimization procedure setup by the federal and local governments in their zealousness to "get" "deadbeat dads".
• This next information is the information that we needed and did not have access to. This applies to the child support policies in California.  Always follow these steps to avoid paternity and child support fraud:
• If you know for certain your girlfriend or wife is faithful, you don't have anything to worry about.  Otherwise, the minute someone tells you they are pregnant with your child, tell them you will insist on a DNA test when the baby is born.  Even if the woman says she is the virgin of all virgins, tell her you insist.  Go to the Child Support Services department in your county and demand a DNA test done by their testing facility.  Get a notorized document that states you will not be responsible for any child until DNA is determined.  This sounds very drastic, but read the List of Paternity Fraud Cases link on the right and you will see why the drastic advice is warranted.
• If the woman drags her feet on DNA testing and is not willing to cooperate, go immediately to the Child Support Services in your area and give them your personal information.  Tell them you are insisting on a DNA test, but the woman is not cooperating.  Tell them that you want your request in writing, signed and dated by them.  If they won't put it in writing, you put it in writing, bring it to their office and demand they acknowledge your request and date and sign it.  If you are in the service and cannot physically be there, contact the child support services and put them on notice that you are asking for a DNA test.  Child support services will ignore any written requests purposely so contact your superior officer and put it in writing. (See Related  Web Sites link, Vets Against Paternity Fraud.)  Tell the Child Support Services you are within the 30 days of anyone declaring you the biological father and you are demanding a DNA test and you want it in writing that you are asking for the test within the 30 days of the child being born.  Remember, as soon as the mother files paternity papers with your name, you have only 30 days to notify the Child Support Services in that county or they can name you the default father, and you will have to pay child support whether the child is yours or not.  As soon as the baby is born, the mother can file paternity papers with your name and not notify you.  Have the Child Support Services department put it in writing that you will not be the default father without DNA (they will probably have a problem with this).  Make sure they have all your contact information.  Contact them in person every one or two weeks to make sure they are not processing papers to make you the default father.  
• If you get served child support papers not knowing you were a father for any length of time in the past, go immediately to the child support services department and insist on DNA testing.  (Some cases show women go after men for child support years and years after the birth and the men never knew about the child).  Remember, you only have approximately 30 days before you are a default father for life.  The Child Support Services will not tell you that you only have 30 days.  They will do anything to delay you past that time.  Get everything in writing with dates, times and names.  Make certain you show up in person or your correspondence or communication will never be acknowledged.  As mentioned above, the new bill in California, AB 252, was in effect Jan. of 2005, and it gives men up to 2 years amnesty to appeal a child paternity fraud.  But that is if the father is notified and served the papers before he becomes a "default dad".  County officials are allowed to make "substitute service" of the legal court order, so most men don't know they are "default dads" until it is too late.  As soon as your check is garnished, if it is within the 2 year period, you may now contest with a DNA test.  If it's past that time period, you will be paying for a child that is not yours until that child is 18.  AB 252 can only help men who have the financial resources to hire an attorney that is experienced in child support fraud.  If you don't have at least $5,000, just to start, your life will be wrecked.  Once again, poor people can not get justice in the American justice system.
• Nearly 10 million American men nation-wide, have discovered to their shock and dismay that since the welfare reform legislation of 1996, that when the government accuses you of fathering a child, no matter how flimsy the evidence, you are one month away from having your life wrecked by the child support system.
•  If you fall behind in your payments by 30 days, your drivers license will be taken away, this also includes all business licenses like teaching credentials, fishing licenses, passports, state bar memberships, and any authorization to engage in a business, occupation or profession. You may get bad credit reports, liens, and income tax refund and bank account seizures.  In other words, your livelihood is taken from you.  How can you ever pay back the money you owe if your livelihood is taken away?  This is criminal and insane.  What morons in our legislature are making these decisions?  Your entire family will suffer with you, trying to arrange transportation or employment without having a drivers license. It's very, very difficult in Southern California to get anything done without a drivers license.
• As hard as you try to keep from being a default dad, even though you are not the biological father, with the present laws, it can still happen to you because the child support people want your money no matter who you are.  The only certain way to prevent paternity fraud is for DNA of the child to be issued with the birth certificate and a law for the child support services be made mandatory to check the DNA before making anyone a default father.  I believe we are a long way from making that happen.

 Our family believes you are financially responsible for a biological child and you must pay a reasonable amount to raise the child.  Whether you are a good father and not just a "sperm donor", is a personal matter.  We all know the complexity of the subject of "being a good father" and how personal it is.  It is certainly the same for "being a good mother" but no one seems interested in that subject.

• We are suggesting that men and women make equitable agreements for child support without filing with the child support services.  For the sake of your children, do everything you can to keep your name out of the child support services system.  For men, once your name is in the child support services system, child support services will wreck your life if you get behind on your payments.  If you lose your job for a few months, too bad!.  Your driver's license will be taken away, your business licenses, you will get bad credit and have your checking account seized.  Men are catching on to these brutal tactics and doing everything they can to keep their name out of the system.  This is damaging to everyone involved.
• Should women be allowed to keep your biological paternity a secret for years and then name you as father and get years of back pay?  We say no, the courts say yes.  Where is the equity for men and their families?  Why do the children of paternity and child support fraud fathers have to suffer more than the mother's children?  Who's children are more important?  The mother can get on with her life, get married as much as she likes and never have her wages garnished for the victim's children. If a man is paying for a child that is not his, why doesn't the mother have to pay for his children likewise, even though the children are not hers?
• My name is Vicki Gesson and I am the Mother of a Paternity Fraud victim, Kevin Gesson. (See our Personal Story of Injustice link at the left.)  Most web sites are giving great information about how Paternity Fraud is affecting men. (See Related Web Sites at the left)  I've found only one web site that deals with the subject of how grandparents are also affected.  Paternity Fraud unfortunately affects the entire family of the victim.  Myself, Kevin's Father, his extended family, my daughter and our extended families have all been emotionally and financially affected by my son's Paternity Fraud case.  I'm approaching this subject as a warning for those of you who may think this could not happen to you or how could this happen in a free country.  I have personnaly have had two successful careers.  I've always been an exemplary US citizen, proud of our country and paid taxes.  We have taught our children to work hard since they were teenagers and be good citizens.  We never thought this could happen in a country like the United States. Men in jail for murder can use DNA evidence to prove their innocence and be released.  Why can't child support judgments be turned around with DNA evidence.  It's all about money and not about whether it is moral for the state to take away your livlihood and your life  This is fraud, plain and simple.    This is fraud of the worst kind because eventually attorneys will find great difficulty to practice in courts where truth doesn't matter, as well as to expect the public to trust and respect our legal system where truth doesn't matter.
• We believe DNA testing should be mandatory for every child born in the United States and to be a part of the birth certificate.  No DNA, no birth certificate.  DNA is a simple swab test for babies.  This is the only sure protection you have against becoming a default dad because of the present system which allows women to file for parentage and child support without informing you.  Then the child support services would have this DNA information available before naming a default father.  This would prevent mistaken parentage.  It would dissolve the issue of asking your wife for a DNA test.  That understandably is an extremely touchy issue, but has proven to be an important one because of the many cases of married men believing a child is theirs when DNA proved othewise. 30% of men tested for DNA are not the biological fathers.  (See List of Paternity Fraud Cases link)  Women could not be tempted to pretend that their husband is the father when the DNA is automatically built into the birth facts.  Automatic DNA testing at birth would facilitate children to know their medical heritage and inheritance rights.  It would prevent children and fathers from going through the emotional trauma of learning they have been duped into believing they are the biological children and biological fathers.  That trauma for children to know that their dad is not their real dad, and having to ask, who is my real dad, is not "in the best interest of the children".  The pretense that what the child support services is doing is in "the best interest of the child" by collecting money from any poor bastard that happens to be named, devalues fathers and fatherhood.  Child support services is saying all that matters is the money, but they will never admit that.  Automatic DNA with birth certificates would mean that moronic judges, like the one who ruled that Kevin was "the father", (when there was absolutely no evidence), would keep from making life- changing erroneous judgments.  This judge ruled that Kevin was the father with absolutely no merit:  no DNA, no blood test, and no Mother's testimony.  
• Incidentally, on our way to the courthouse last week we saw a very large, beautiful, new, expensive looking building.  It must be the largest and best looking government building in Victorville, California.  Yes, the name on it is: "Child Support Services, San Bernardino County".  Is it really "in the best interest of children" to have a large and expensive building for the child support employees to work in such comfort and luxury?