Kevin Gesson and His Familyís Personal Path to Injustice with Paternity Fraud/Child Support Fraud. Yes, we did get the paternity judgment vacated, but this was not justice, it was financial and emotional rape of an honest taxpaying family.
1. In 1996, a woman contacted Kevin Gesson and informed him she was pregnant and he was the father. She said she would never ask him for child support of any kind and he would not be held responsible. Kevin informed her that he wanted a DNA test as soon as the baby was born.
2. Twelve days after the baby was born, this woman went to court and filed for parentage and child support naming Kevin as the father. She kept this a secret and did not tell Kevin. This woman had previously been employed by the Victorville Child Support Services and knew exactly how to proceed with the child support process and the proof of paternity process. The swab test was being used for young babies and she knew it was available, but refused to cooperate for a DNA test.
3. When the child was approximately a year old this woman filed for AFDC for medical bills and named Kevin as the father and filed for child support from him. Kevin had changed jobs and moved his residence and never got notified until he saw the child support deduction from his paycheck. He was never served papers personally and was never sent any certified mail. So he missed the court date (he only had 30 days) and was named the default father. The notice of child support was sent to John Gessonís (Kevinís father) residence approximately 2 Ĺ months after Kevinís check was garnished. It is clearly abuse of power for the child support services to be able to name a "default" father and legally make them responsible for a child when there is no proof of paternity. There was no blood test, no DNA, even though we were asking for it. The mother knew she had multiple sex partners and did not disclose that information and refused a DNA test.
4. Immediately after Kevin's first paycheck was garnished for child support, Kevin wrote a letter to the child support division at that time, August, 1998, expressing the hardship of the amount of child support payments and his request for proof of paternity. This letter was never acknowledged. We learned later that this was a common practice at the Child Support Services. All paternity requests are pretty much ignored until the time is too late and you are then locked into the default judgment. We went to the Child Support Services and asked why they did not acknowledge the letter and they told us it was too late. If you are never served papers and the judgment is a default, it's too bad and too sad for you. Whether you are the father or not, you have to pay for 18 years. What morons in our legislature are allowing this to happen? One person who did immeasurable damage was district attorney, Gil Garcetti. Click his name for the information.
5. In October, 1998, Kevin hired attorney Robert Raup of Victorville, to try to get a court ordered DNA test. Kevin was informed through attorney Raup, that he didn't need a DNA or blood test because the child support division told him he had already assumed responsibility for the child and there was nothing he could do. The attorney filed a case for Kevin for not being properly served the court judgment child support papers. The attorney lost the case and the judgment was not turned around. We found out later that these cases are never won in California. If the attorney had more experience with paternity/child support cases, he would have known these cases are never won in California. After the case was lost, attorney Raup told Kevin's father, John Gesson, "If I were you, I would sue me for malpractice, but I'll have to check and make sure that my malpractice insurance is up-to-date first."
To make matters worse, the moron judge in the case by attorney Raup, proclaimed that Kevin was the father of the child without proof or merit of any kind. The mother was not in court and there was no DNA evidence This was as damaging to the child as it was to Kevin. Now the computer record of the case shows the judge declaring Kevin the father. So when DCSS looks at the case on the computer, they say, it's too late, the judge proclaimed Kevin the father.
Eventually when DNA evidence did show 0 % parentage for Kevin, this was an excuse for the child support services to say, this is a judgment and they are never turned around. Child support services did not care about the DNA, they only wanted a name on the books for money. Kevin has never known this child or spent any time with the child and the judge was aware of that fact. DCSS is so desperate to get any name on the books for child support because the more names they get, the more federal funds they get. They don't care if it's the "deadbeat dad" or an innocent man who's life they will wreck.
6. It took 4 more years to get the DNA test and the mother only agreed to do it because she was moving out of the state. The DNA test was setup and completed on March 2, 2001. The invoice was mailed to the woman. Kevin asked the woman repeatedly about the DNA test results and she said she didnít know anything about it. The woman received the invoice in March and did not tell Kevin about it until a month and Ĺ later when she knew she was moving out of state, the latter part of April. The DNA results were 0 (zero) % of Kevin being the biological father. Kevin paid over $700.00 for the DNA testing. Kevin called the woman to inform her of the results and she acted like she never knew. She said she did not know that Kevin was not the father. She said the father must be the guy she was with in Las Vegas. She got drunk and must have passed out and he must have raped her. She told Kevin his name so she knows who this person is. She told Kevin never to call her again or try to contact her at all.
7. When Kevin found the DNA 0% (zero) of Kevin being the father, he stopped paying child support. He had already paid $14,000 for a child that was not his, that he did not know and never spent any time with. When you get 30 days behind on your child support payment, the Department of Child Support Services uses very brutal tactics. They take away your driver's license, your business license, your passport, and they seize your bank accounts and your tax refunds. They take away your livelihood. Also your arrearages for payment build up and the bills become astronomical.
7. Kevin was busy working during the day, so his Dad, John Gesson, went immediately to the child support division with the DNA report. They told him he could not speak for his son, but to get a notarized letter of authorization to speak for his son, which he did. The attorney that was originally hired for the court ordered proof of paternity was again contacted to pursue the fraud committed by this woman against Kevin.
8. May 22, 2001, Kevin got a notarized letter for his Dad, Mom, and sister to speak on his behalf to the Department of Child Support Services so he could have some support and help from his family. The Child Support Services told Kevin that he might as well forget it and just pay up because these default judgments are never turned around.
9. July 1, 2002, we went to the FamilyLawCenter at the courthouse in Victorville to get help. We filled out the forms and got some consultation for our situation. They advised us that since AB 2240 had been vetoed by Governor Davis, that there was nothing we could do. Kevin would just have to pay child support even though he was not the father and that he did not have anything to do with the child. He could try to go before a judge and get the amount of child support reduced is all he had hopes for.
10. December 20, 2002, Kevin received a letter from the Victorville branch of DCSS, threatening criminal action against him in 10 days if he did not report his employment status. The letter said DCSS will have no alternative but to assume that he is gainfully employed. They are assuming that he is refusing to contribute to the support of his family. This scare tactic by the DCSS people was absolutely absurd because they took Kevin's driver's license away. So Kevin responded with a phone call to tell them he is responding to their criminal action threat via mail, but because it's the holidays, they may not get the letter within the 10 days. Kevin responded to their criminal action theat by telling the DCSS that his employment status is unemployed. Kevin told DCSS once again that he has DNA to prove that he is 0% (zero) parentage of the child. Kevin has no family to support. The mother has repeatedly asked that DCSS drop the case against him. DCSS should go after the "real deadbeat dad". Kevin repeated the fact that he has asked for help with his paternity fraud from their office and from the Victorville family law court. Kevin asked where he could go to get help since men can get out of prison for murder with DNA evidence, but he can't get his false child support order reversed with DNA evidence and testimony from the mother. When Kevin did finally reach someone on the phone at the DCSS, and briefly explained his situation, the DCSS representative said they will probably take criminal action anyway.
11. We researched web sites to get as much information about paternity and child support fraud and found Cornell Smithís paternityfraud.com web site.
12. Kevinís Dad, John Gesson, contacted the Los Angeles Times staff writer Nicolas Riccardi for information and was told by him that if AB2240 didnít pass, (which it didn't) that Kevin was ďdead meatĒ.
13. We sent an email to Los Angeles Assemblyman Wright asking for help on 4/23/2002.
14. July 3, 2002, we had this woman (mother of the child and the complainant) sign a written statement (I personnally witnessed her signing the paper) that Kevin Gesson needs to be taken out of the child support system with no financial obligation held. Child support services refused to recognize the signed statement by the mother. So we asked her personally to go to the Child Support Services in Victorville to stop the child support payments and she refused to cooperate.
15. November, 2002, we sent letters to politicians asking for their help since Governor Davis vetoed AB2240. Letters were sent to: Marvin Baxter, Ming chin, Ronald George, Kathryn Werdegar, Joyce Kennard, Janice Rogers Brown, Carlos Moreno, Bill Leonard, Phil Wyman, William Knight, Bill Postmus, Barbara Boxer, Diane Feinstein, Mike Rothchild, Ted Burgnon, Jerry Lewis, Gray Davis, and President Bush.
16. January 6, 2003, we received a letter from the child support services recognizing Kevinís situation, saying they know we have attempted to get the judgment changed but the ruling was not in our favor.
17. In the latter part of 2004, we wrote to Carnell Smith, head of Paternity Fraud.com and National Family Justice Association to find if there was any hope for our paternity fraud case. He alerted us to the fact that there was new legislation that could help us in California, AB 252.
18. We wrote letters to Arnold Schwarzenegger and Maria Shriver urging them to support AB 252 which might help paternity victims. This bill was signed and passed in September, 2004 to become effective in January, 2005.
19. Kevin and myself went to see attorney Gene Bristoll in Victorville, CA. We were interested in the AB 252 legislation to see if it could help our case. Mr. Bristoll was patient, kind and caring. He led us to attorney, Linda Ferrer, who had just won a landmark case in paternity fraud. That case is the famous Los Angeles County vs. Manuel Navarro. His case is exactly like Kevin Gesson's case.
20. In December, 2004, we had a consultation with attorney Linda Ferrer, who said she was pretty sure she could get our judgment overturned. With tears in my eyes, after 8 years of frustration, we finally had some real hope. However, it would not be an easy journey.
Click here to see Case History by Date for the Reversal of the Paternity Judgment
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