Wrong Man Paying Support

[jellibean]

What is the name of your state (only U.S. law)? WA
I have a family member that is currently paying child support on a child that is not his. The child has never been a part of my family member's life and the child's family is well aware of the fact that my family member is not the child's father. The child also does not live with his mother. She abandoned him at a young age and he has been raised by his maternal grandfather. The support is being garnished from my family member's paychecks and sent to the grandfather, even though he knows my family member is not the father. There was no paternity test done because at the time of conception, my family member and the child's m other were in a relationship. My family member had no reason to believe the child was not his. However, once the child was born it became immediately clear the child was not my family member's child. How does my family member go about getting a paternity test? When it is proven that my family member is not the father, is there any legal action that can be taken against the family for knowingly going after the wrong individual for support for a child that is not my family member's child?

 

[Zigner]

What is the name of your state (only U.S. law)? WA
I have a family member that is currently paying child support on a child that is not his. The child has never been a part of my family member's life and the child's family is well aware of the fact that my family member is not the child's father. The child also does not live with his mother. She abandoned him at a young age and he has been raised by his maternal grandfather. The support is being garnished from my family member's paychecks and sent to the grandfather, even though he knows my family member is not the father. There was no paternity test done because at the time of conception, my family member and the child's m other were in a relationship. My family member had no reason to believe the child was not his. However, once the child was born it became immediately clear the child was not my family member's child. How does my family member go about getting a paternity test? When it is proven that my family member is not the father, is there any legal action that can be taken against the family for knowingly going after the wrong individual for support for a child that is not my family member's child?

Your family member was found to be the legal father of the child.

Please feel free to tell your family member to log on and ask his own questions in this matter. It's really none of your business. Really. Yes, really. No, for sure...really.

Poor kid

 

[jellibean]

Thanks, but not really

Your family member was found to be the legal father of the child.

Please feel free to tell your family member to log on and ask his own questions in this matter. It's really none of your business. Really. Yes, really. No, for sure...really.

Poor kid

He made it my business when he asked me to look into it for him. Thanks for the timely, but completely useless response.

 

[Just Blue]

He made it my business when he asked me to look into it for him. Thanks for the timely, but completely useless response.

Sadly if you family member can't be bothered to join and ask his own question then he likely is unwilling to do anything to fix this situation. AS an FYI: We prefer to talk to the legal parties so that we are not getting wrong/incomplete information.

 

[Zigner]

He made it my business when he asked me to look into it for him. Thanks for the timely, but completely useless response.

No, you misunderstand...
This is not your LEGAL business. Please feel free to have HIM log on so we can ask HIM questions that only HE likely knows the answers to. This really isn't your business, and you ought to explain that to HIM.

 

[JsMauiMomma]

Can't PM, sorry!

Sorry to take this so far off topic.

OP - did you used to post on The Bump? Like...8-12 years ago?

 

[drruthless]

Your family member was found to be the legal father of the child.

Please feel free to tell your family member to log on and ask his own questions in this matter. It's really none of your business. Really. Yes, really. No, for sure...really.

Poor kid

I would have to agree, lets have that pillar of society join up and speak up.

 

[drruthless]

What is the name of your state (only U.S. law)? WA
I have a family member that is currently paying child support on a child that is not his. The child has never been a part of my family member's life and the child's family is well aware of the fact that my family member is not the child's father. The child also does not live with his mother. She abandoned him at a young age and he has been raised by his maternal grandfather. The support is being garnished from my family member's paychecks and sent to the grandfather, even though he knows my family member is not the father. There was no paternity test done because at the time of conception, my family member and the child's m other were in a relationship. My family member had no reason to believe the child was not his. However, once the child was born it became immediately clear the child was not my family member's child. How does my family member go about getting a paternity test? When it is proven that my family member is not the father, is there any legal action that can be taken against the family for knowingly going after the wrong individual for support for a child that is not my family member's child?

I'am going to go out on a limb here, have you asked?

 

[CTU]

Let's just put this one to bed.

In WA, at the moment*, this man has zero chance of revoking his paternity (or challenging same). None. Zero. He's had ... how long, exactly?

Of course, he could establish some sort of joint custody and an enforceable parenting plan, but that takes effort.

*There is currently a bill sitting in the WA Senate - http://app.leg.wa.gov/billsummary?BillNumber=5461&Year=2017 - which, if passed, would change things considerably. He might want to wait and see, given that the status quo isn't hurting him right now.

He also needs to understand that the older the child is, the less likely the court is going to even entertain a petition to challenge his own paternity based on public policy and best interests regardless of biology.

As far as "going after the other family" ... what? Did Mom's family participate in impregnating her? No? There you go then. Sorry, but that's a pretty stupid question to ask, specially given that the guy himself hasn't bothered to do anything about his own situation.