Legal Question in Family Law in Washington

paying child support and he is sterile

12 years ago my husband was married for a brief time then he divorced. about a year or so later he was notified that he was the father of a baby girl. A year later he recieved legal papers saying he needed to pay child support for his 2yr old (son) we went to court to ask for a dna test and we were denied. my husband and I have been together for 5 years i have three children from a previouse marrage. we looked into the fact we have not had a child of our own and found out he has been sterile since birth. and they still will not give him a dna test how can we stop this from happeneing. he is not the childs father


Asked on 6/06/99, 4:56 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: paying child support and he is sterile

Please advise where you reside and the State wherein the support order was rendered. Else, I agree with the previous response to you question. If you need an attorney in the Seattle area let me know.

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Answered on 6/21/99, 7:20 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: paying child support and he is sterile

You will need to file a Motion requesting a DNA test. Be sure to state that your husband has been sterile since his birth. At the hearing have a Doctor present that can testify to the fact that your husband has been sterile since birth and that it is not possible that he is the Father. If you have already had this issue heard then there may be a basis for an appeal or there may be reversible error. I strongly suggest that you retain an attorney. You wouldn't want your husband to pay child support for the next 16 years for a child that is not his. Good Luck.

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Answered on 6/08/99, 5:10 pm


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