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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My boyfriend had a child with another woman 4 years ago. He

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My boyfriend had a child with another woman 4 years ago. He signed the birth certificate but there have been questions about the paternity since she was born. The mother has issued child support against my boyfriend but he wants to establish paternity and she wont do it. The mother lives in Oregon as far as we know and my boyfriend lives in Washington state. Do have any advice on how to approach this situation??
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this difficult situation.

Does your boyfriend has any regular contact / visitation with his minor child?

Was child custody visitation ever established for your boyfriend's child by the court?

Does you boyfriend want more custody / visitation?
Customer: replied 1 year ago.

No his ex wont let him have anything to do with the child, she just says pay the child support and then maybe you might be able to have something to do with her.


 


There is no regular contact,nor visitation. I think really he wants to know if the child is really his or not and the child's mother wont submit a paternity test willingly to prove anything. We haven't gone through the courts or anything yet but he has child support that hasn't been paid on due to this factor.


 


This is why I am seeking answers

Expert:  Alex J. Esq. replied 1 year ago.
Dear Kaitlyn,

Thank you for your follow up.

Was the child support ordered and being enforced against your boyfriend?

Is your boyfriend current on his child suppor or does he owe any child support in the arrears and if he does, has he made arrangement to make payments on it?
Customer: replied 1 year ago.

Yes the child support was ordered and I believe its active but I'm not sure as far as being enforced against him.


 


I would have to guess that if it was ordered and as far as I know he has never paid anything on it. His theory is that until the paternity has been established he doesn't want to pay child support. I know this logic may not be appropriate, but i do understand why he feels this way.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Kaitlyn,

Unfortunately, if your boyfriend has signed the birth certificate and an aknowledgement that he is the father and the child is his, he does have legal obligation to pay child support for this child and if he is not paying child support that has been ordered, he would be subject to the child support enforcement, which can subject his driver license and US passport to being revoked and also his wages and assets to being garnished to satisfy the back owed child support.

Since you boyfriend never contested the paternity withing the first year after aknowledging it and signing the birth certificate, it is not likely that he would be able to dissestablish paternity, even if he turns out not to be a biological father, due to the lapse of time and the only option for your boyfriend to get custody and visitation of his minor child is to file Petition to Establish Custody and Visitaiton in a Family court in Oregon and the court will review your boyfriend's petiton and upon the full review of the case the judge will decide the amount of custody and visitation that your boyfriend would be awarded.

Unfortunately, this is a complex legal field and it would make sense for your boyfriend to consulty and retain local child custody attorney to represent him, if he does decide to file petition for custody / visitation.

I am very sorry to provide you with this tough news, but unfortunately visitation has nothing to do with child support, as they are considered two separate legal issues and have no connection to each other.

I wish you and your boyfriend the best of luck!
Customer: replied 1 year ago.

so even if he ends up to not be the father, he is still stuck with child support?

Expert:  Alex J. Esq. replied 1 year ago.
Dear Kaytlyn,

I have provided you with a correct answer and I am here to answer your follow up questions, so there is no need to negatively rate my questions, as I will be happy to clarify my answer to you.

Unfortunately, given the fact that your boyfriend did not contest this paternity for 4 years and had voluntarily acknowledged paternity and signed a birth certificate, your boyfriend would be considered a de facto father of this child and it would be very difficult (absent some serious fraud or material misrepresentation by the mother related to the paternity) it is very unlikely that even if your boyfriend files a Petition to Disestablish Paternity that the court would approve it, even if the child is not biologically your boyfriend's, simply because you boyfriend has waited too long to contest the paternity and also signed the acknowledged that the child was his at birth and the courts have duty to protect minor children and not to leave the minor children without any support.

I know this is tough news and your boyfriend should consult with a local child custody attorney in Oregon and this attorney can review your boyfriend's entire situation and advise him if there is any chance to disestablish this paternity.

I wish you and your boyfriend the best of luck and please do not hold the fact that the law might not be favorable to your boyfriend in this case, against me personally, as I do have to provide you with correct answers and I have no way of changing the law.

Thank you and GOD bless you!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12908
Experience: Licensed experienced Attorney
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