What do I do

vintagerose · Jun 3, 2009, 07:14 AM

I have asked for a paternity test on my ex-girl friends little boy. She is claiming that he is mine when I know she has slept with other men besides me. However the Washington state department of social services has denied me a paternity test and are now taking 240 in child support from my disability check. She told them that I am a construction worker and I am not I have told them that I am disabled.

1. How do I get them to give me a paternity test?
2. How do I get them to stop taking the 240 from my disability check?
3. If the child is mine how do I get her to allow me to see the child?

Vintagerose

excon · Jun 3, 2009, 07:17 AM

Hello V:

You need to go to family court. The judge THERE might order a paternity test. The family court is somewhat user friendly, but you'll do a WHOLE lot better with a lawyer.

excon

stevetcg · Jun 3, 2009, 07:20 AM

Is your name on the birth certificate? Did you sign it? Did you sign an acknowledgment of paternity when the child was born?

You may very well be the legal father to the child already.

vintagerose · Jun 3, 2009, 07:49 AM

I did not sign any thing and I do not believe my name is on the birth certificate.

JudyKayTee · Jun 3, 2009, 07:53 AM

Originally Posted by vintagerose

I have asked for a paternity test on my ex-girl friends little boy. she is claiming that he is mine when I know she has slept with other men besides me. however the Washington state department of social services has denied me a paternity test and are now taking 240 in child support from my disability check. she told them that I am a construction worker and I am not I have told them that I am disabled.

1. How do I get them to give me a paternity test?
2. How do I get them to stop taking the 240 from my disability check?
3. If the child is mine how do I get her to allow me to see the child?

Vintagerose

1 - You go to Family Court (as has been suggested);
2 - You request DNA to prove that the child is not yours;
3 - You ask for visitation and/or custody (if the mother is unfit and a danger to the child).

How old is the child? The problem may be that nothing has been done this far and too much time has passed.

You received no papers before she was granted the Order of support?

vintagerose · Jun 3, 2009, 08:00 AM

The child will be turning 2 years of age the 20th of this month. I received papers and sent them back requesting a paternity test and was denied for one. She states that I signed all the papers saying the child is mine. However I know for a fact that I have not signed anything when the child was born. This is why I need help. I did turn her into the department of social services in Kenwick WA for breast feeding the boy and doing drugs at the same time. I felt the child was in danger of becoming mentally impaired from her drugs and drinking.

JudyKayTee · Jun 3, 2009, 08:29 AM

You were never served papers for the hearing?

vintagerose · Jun 4, 2009, 07:13 AM

No, I only received papers on her filing for child support.

stevetcg · Jun 4, 2009, 07:44 AM

Originally Posted by vintagerose

No, I only received papers on her filing for child support.

That is the hearing. It sounds like a default judgment was filed against you because you didn't show up to the court date.

JudyKayTee · Jun 4, 2009, 08:06 AM

Originally Posted by vintagerose

No, I only received papers on her filing for child support.

That WAS notification of the Hearing. You didn't appear and/or object. Therefore, her Petition was granted. To answer your questions:

1. How do I get them to give me a paternity test? It may very well be too late for that now. The time to object was at the Hearing. You can attempt to file, requesting DNA testing, but because you did not appear the first time (although apparently legally served) the Court may not be terribly accepting of your request.

2. How do I get them to stop taking the 240 from my disability check? You file for a reduction in child support based on incorrect information OR changed circumstances, assuming what the mother claimed is not correct or has changed. The Court may not allow you to file within a certain number of months of the original order because you did not appear, although served.

3. If the child is mine how do I get her to allow me to see the child? You file for visitation.

Just as a side thought - when you received the papers and did nothing, did not respond, what did you think was going to happen?

vintagerose · Jun 15, 2009, 05:30 AM

No it was a paper from the department of social services saying that they were taking 235.00 from my disability. It did not have anything where I needed to appear in court on it any where. So again I am lost. When I called the case worker he sent me papers to fill out for getting the amount lowered.

vintagerose · Jun 15, 2009, 05:35 AM

then if that was the notice how come there was not date or time to be at a hearing?

/quote Just as a side thought - when you received the papers and did nothing, did not respond, what did you think was going to happen?== well if it had a date and time I would have been there however since it did not how was I to go to something that I did not know was happening?

vintagerose · Jun 15, 2009, 05:37 AM

And that is 240 not 235

JudyKayTee · Jun 15, 2009, 06:06 AM

You said you received papers and in response you requested a paternity test. It would make sense that if you received an Order there was no place to request anything.

At any rate - you have been advised how to proceed.

Arguing the specifics of service is not going to change anything.

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