Can my nephew be forced to pay child support if he is not on the birth certificate and no DNA testing has been done? 5 Answers as of February 03, 2014

My nephew was just informed that his wages will be garnished in California for his alleged child in Oregon. He is not listed on the birth certificate nor has there been any DNA testing done. He wants the child to be his and is willing to pay support once there is proof she is his daughter. Can Oregon laws force him to be garnished prior to any testing? What steps should he take at this point to ensure visitation and that the amount of support is calculated correctly without including the mother's second child (which is definitely not my nephews)?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If he has received his first notice from the State of Oregon he should have received forms for him to fill-out and send back to Oregon, including information about his income, and an opportunity to oppose the garnishment. He should first contact the office that sent the documents and have a discussion concerning what basis that he is being considered the father if he is not on the birth certificate and not married to the mother. This is not a simple process and he should retain an attorney that has experience doing this because once the wage garnishment is imposed it takes time to correct it and NO REFUNDS.
Answer Applies to: California
Replied: 2/3/2014
Strowbridge Blaisdel Richardson | Strowbridge Richardson
Sounds l9ike your nephews ex is on public assistance (Welfare and DCSS). Yes, Oregon DCSS can attach your nephews wages. He does have the right to be heard on the subject. He can request a DNA test. Contact a good lawyer.
Answer Applies to: California
Replied: 2/3/2014
Oliver & Duncan | Donald E. Oliver
If you are in California and the child's mother and the child are located in Oregon, you are probably getting a notice from your local child support office in your California county to which the child support issue had been referred bythe Oregon Division of Child Support. Your best bet is to retain an Oregon attorney in the county where the mother and child reside and have that attorney either make a request for DNA testing through the Oregon Division of Child Support or file a petition for filiation in the Circuit Court for the county in which the mother and child reside. If there is any real chance that the child is yours, you need to file the filiation proceeding to get any parenting time with the child and to have that parenting time factored in to the child support calculation (the more overnights you get with the child, the lower you monthly child support obligation to the mother). The filiation petition raises the issues of parentage, custody, parenting time and child support which are decided by the court in that order.
Answer Applies to: Oregon
Replied: 2/3/2014
Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
Yes Oregon law can it. Likely the mother is receiving assistance and this is how the state determined to initiate child support proceedings. If he wants to determine for certain that the child is his, he needs to contest the finding that it is with the Oregon Child Support Division. There are numbers on the paperwork he was provided. He will then find out for certain. However, the child support obligation continues and will only be removed if he is not the biological father. If he is, then he needs to retain an attorney in the county in which the child resides and file the necessary paperwork to establish a custody and visitation order. You can find the long distance parenting plan, what will be applicable to your circumstances, on line under Oregon Family Law Division.
Answer Applies to: Oregon
Replied: 2/3/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Please consult with an experienced Oregon family law attorney to answer this question.
Answer Applies to: California
Replied: 2/3/2014
Click to View More Answers: