Name mix-up costs man thousands in wrongful child support payments - WAFB 9 News Baton Rouge, Louisiana News, Weather, Sports

By Keitha Nelson - bio | email

BATON ROUGE, LA (WAFB) - A Baton Rouge man is fighting to prove he is not the father of two children he believes he has wrongfully been paying child support on, possibly for years. The money was taken from his check and it was only recently he figured out what one mysterious deduction was for.

Just about everyone sees deductions on their pay stubs for things like insurance and taxes. However, one man's story may encourage some people to take a closer look at what is being taken out of their paychecks. Lionel Sims admits he was clueless about what was deducted from his.

"I used to always wonder why it said, 'Discretionary Allotment," Sims recalled.

He served 12 years in the Navy and is now in the Reserves. He is a father of one. However, he believes his paycheck has been garnished for years for two children he claims could not possibly be his.

Sims said he never paid much attention to the deductions taken out of his paychecks while serving, but just a few months ago, he got a job at Walmart and when his pay stubs were handed to him he was face-to-face with something he could not believe.

"Maybe the third week that I started working there, I got a check stub that read, 'Family Support, Child Support,'" he said. "I'm like, 'What is this?'"

Sims said $198 was taken out of his check every two weeks. After getting an attorney and doing a bit of digging, Sims found out his pay was being garnished by the Jones County Division of Child Support Enforcement in Ellisville, MS. Sims claimed he has never heard of such a place. He later found out who had allegedly filed child support orders against him.

"I looked at both the names and it had two children I have never heard of and a young lady I have never met. I just couldn't believe it. My dad was like, 'Think back hard. Think back long and hard!' And I was like, 'I don't have to think back too hard. I know that's not me! I'm not that type of guy!'" Sims explained.

Steven Adams represents Sims. According to the attorney, he too was shocked after researching the matter. He said there is another Lionel Sims, who lives in Mississippi, is five years younger than his client and is the real father of the two children in question.

"Somebody dropped the ball and didn't do their homework," said Adams. "They did, from what I can tell, very little to verify that they had the right person before they started taking his money."

Adams does not know exactly when the child support payments began. He said the Mississippi child support office has not been very helpful. What he does know is Sims' case file goes back to 1998. According to the paperwork from the Mississippi Department of Human Services, over $8,000 has been paid in child support from a Lionel Sims since 1998.

"The end is not in sight. We actually got them to stop the garnishment, stop the bleeding so to speak, but it looks like he may be owed a substantial amount of money," Adams added.

A spokesperson for the Division of Child Support Enforcement of the Mississippi Department of Human Services released a statement on the case.

"Discussing the specifics of this case or any case would be a breach of confidentiality per state and federal statutes," it read. "Now that this case has been brought to our attention, an investigation will be conducted. If an error was made on our part, we will resolve accordingly and in a timely manner."

The Mississippi Department of Human Services said mix-ups similar to the one Sims is claiming happen every once in a while. It is most common when the parent who files for assistance does not have the social security number for the other parent. The office said when such a situation occurs, the department works to resolve the problem as soon as possible.

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