Determining Paternity Issues

[TNine]

What is the name of your state (only U.S. law)? Currently residing in Oregon. Judgement on child support was made in the state of Washington.

Several years ago a summons was sent to appear in court to an old address and signed for by an old roommate. I was not made aware by the roommate about the summons and a judgement was made against me that I owed child support without my knowledge. There is question about whether the child is even mine and when I finally became aware of the legal proceedings I brought this to the courts attention and they treated me as if I was at fault since I did not appear in court for the trial and they would not do anything to ascertain if the child was even mine no matter who I contacted and what I did.

I am being treated as if I am guilty of many things and I don't think I received a fair trial from the beginning and am at a loss on where to turn on this as I am being viewed as being guilty of all sorts of stuff just because I was not served in a manner that would have made me aware of what was going on so I could appear. I have been doing some research and am pretty sure that my rights have been violated but have been having difficulty in determining where to turn since ever resource that I feel should be available to me has turned there back on me because of the first ruling in which I was not notified. This includes lawyers that I have talked to in the years since then.

I just want a blood test done to confirm the paternity of the child which has never been done and I am receiving all sorts of obstacles from the courts in my attempts. If it does turn out the child is not mine I will go from there. Any ideas on what steps I should take or where I should turn?

 

[Proserpina]

What is the name of your state (only U.S. law)? Currently residing in Oregon. Judgement on child support was made in the state of Washington.

Several years ago a summons was sent to appear in court to an old address and signed for by an old roommate. I was not made aware by the roommate about the summons and a judgement was made against me that I owed child support without my knowledge. There is question about whether the child is even mine and when I finally became aware of the legal proceedings I brought this to the courts attention and they treated me as if I was at fault since I did not appear in court for the trial and they would not do anything to ascertain if the child was even mine no matter who I contacted and what I did.

The problem is sending this to your last known address is an acceptable form of service. Did you actually file a paternity action?

I am being treated as if I am guilty of many things and I don't think I received a fair trial from the beginning and am at a loss on where to turn on this as I am being viewed as being guilty of all sorts of stuff just because I was not served in a manner that would have made me aware of what was going on so I could appear. I have been doing some research and am pretty sure that my rights have been violated but have been having difficulty in determining where to turn since ever resource that I feel should be available to me has turned there back on me because of the first ruling in which I was not notified. This includes lawyers that I have talked to in the years since then.

Nope, WA allows "last known address" as I mentioned above.

I just want a blood test done to confirm the paternity of the child which has never been done and I am receiving all sorts of obstacles from the courts in my attempts. If it does turn out the child is not mine I will go from there. Any ideas on what steps I should take or where I should turn?

How old is the child and when did you get the CS order?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Currently residing in Oregon. Judgement on child support was made in the state of Washington.

Several years ago a summons was sent to appear in court to an old address and signed for by an old roommate. I was not made aware by the roommate about the summons and a judgement was made against me that I owed child support without my knowledge. There is question about whether the child is even mine and when I finally became aware of the legal proceedings I brought this to the courts attention and they treated me as if I was at fault since I did not appear in court for the trial and they would not do anything to ascertain if the child was even mine no matter who I contacted and what I did.

I am being treated as if I am guilty of many things and I don't think I received a fair trial from the beginning and am at a loss on where to turn on this as I am being viewed as being guilty of all sorts of stuff just because I was not served in a manner that would have made me aware of what was going on so I could appear. I have been doing some research and am pretty sure that my rights have been violated but have been having difficulty in determining where to turn since ever resource that I feel should be available to me has turned there back on me because of the first ruling in which I was not notified. This includes lawyers that I have talked to in the years since then.

I just want a blood test done to confirm the paternity of the child which has never been done and I am receiving all sorts of obstacles from the courts in my attempts. If it does turn out the child is not mine I will go from there. Any ideas on what steps I should take or where I should turn?

If you are properly served, you are not entitled to a blood test at this point. You were declared the father by default.

 

[Proserpina]

I have to ask. You have been paying as ordered, right?

 

[TNine]

I have to ask. You have been paying as ordered, right?

Yes. Payment is being done as ordered.

 

[Ohiogal]

Yes. Payment is being done as ordered.

For how long have you been paying?

 

[Proserpina]

One other thing. Certain counties who believe they wrote the statute better'n the State did, will occasionally entertain such a challenge. Once in awhile.
Certain counties can also do very strange things about paternity, but that's a whole 'nuther elephant.

I get the feeling though, OP is way too late for even that option - and short of biological dad stepping up, it's about the only way he'd have a shot (albeit teeny tiny).

 

[TNine]

Paternity has never been determined. The only the reason the court are assuming being the father of the child is because the mother put as father on birth certificate.

Have been having all sorts of difficulty getting anything done because of that and the fact that about not being served personally so wasn't at the trial.

 

[TNine]

For how long have you been paying?

A long time. Every time tried to fight the courts have fought back and they won't listen.

I don't find it fair in the slightest and don't see how it is legal for the mother to put a name on a birth certificate with no proof and the courts won't listen to me because they sent the summons to the wrong address and now won't listen because I was not aware of the original trial.

 

[TNine]

If you are properly served, you are not entitled to a blood test at this point. You were declared the father by default.

I don't see how that can be true. It has never even been legally determined who the father is and every attempt has met with resistance from the courts.

Technically I was never even notified about the original court proceedings or paternity would have been requested at that time.

 

[Zigner]

Paternity has never been determined.

Actually, it has been determined.

 

[Silverplum]

I don't see how that can be true. It has never even been legally determined who the father is and every attempt has met with resistance from the courts.

Technically I was never even notified about the original court proceedings or paternity would have been requested at that time.

As it was already explained to you: service was legally and properly accomplished.

Your former roommate is the one who hurt you. Not the court.

 

[Ohiogal]

Paternity has never been determined. The only the reason the court are assuming being the father of the child is because the mother put as father on birth certificate.

Have been having all sorts of difficulty getting anything done because of that and the fact that about not being served personally so wasn't at the trial.

If you were put on the birth certificate then you were either married to the mother OR you signed the AOP. Or the court declared you father by default.

 

[TNine]

Nope, WA allows "last known address" as I mentioned above.

So they are allowed to assume that someone is guilty just because they had the wrong address and the party was never actually notified?

Paternity never determined.
Never receiving a summons or subpoena.

How is that legal?

 

[Ohiogal]

I don't see how that can be true. It has never even been legally determined who the father is and every attempt has met with resistance from the courts.

Technically I was never even notified about the original court proceedings or paternity would have been requested at that time.

They served you at your last known address and it was not returned as unclaimed or undelivered. Your roommate put you in this position -- though apparently you also had sex with this woman (mother), correct? If you didn't live there, your roommate could have refused service due to you not living there. You were determined to be the father LEGALLY. By default. For ignoring a summons which was shown to be served residentially and properly.