Legal Question in Family Law in Washington

Paternity Dispute/Exstablishment

approx. 5 years ago, I moved to WI. Shortly after, I started being garnished for more than half my wages.. Then I come to find out that this garnishment is concerning a pair of twins that I don't believe are mine. The mother was w/ atleast 2 other people during the time of conception.

Paternity, was never established.

Finding a lawyer has been pure hell. WA, wants too much money and no one here in WI is liscensed to practice there.

I had and opportunity to request a modification.. but I am afraid that would be the same as an admission of guilt, ie: paternity. Wouldn't it? I am presently taking home $250-60 dollars a week instead of $540 or so.WA determined my support to be $1800 a month. which seems impossible, since my monthly income is only at about $2200-400. Can they do that? Just seems insane to me. I am barely getting by as it is.

Please Help.


Asked on 9/03/05, 3:51 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Paternity Dispute/Exstablishment

There is some form of finding, either administrative or judicial that you are the parent. To make a statement about the garnishment situation I would have to see what the action in based on.

You can request the modification and deny paternity at the same time (modification issues are ability to pay, paternity issues are genetic facts now days). One thing you should not do is after having started paying support (even involuntarily) is to wait on initiating an action to determine paternity.

As I mentioned above, one possible remedy is to start a paternity action, naming the other possible fathers as respondents (even as John Does if necessary), and request DNA testing (exclusionary testing for you, mother, child would be about $500.00). My fee to get it from filing to summary judgment would be about $1800.00 (assuming you live in King, Pierce, Snohomish or Kitsap Counties, slightly higher in other counties), filing fee is $210.00, service of process fee of ~$50x3, and the testing fee of about $500.00 (you should expect to have to advance about $2700). If you are found to not be the father at summary judgment (DNA test results are generally conclusive) you could be dismissed out of the action (and you could move for fees, costs and refund of support collected). I have done paternity cases in King and Kitsap Counties. I do payment plans. Visit: http://www.steuartlaw.com

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Answered on 9/13/05, 3:07 am


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