This article will cover my understanding of DCS’s position on paternity issues. I am currently experiencing great difficulties caused by the lack of a suitable and fair support system in which the government intervenes on behalf of fathers who are struggling for their rights. This article will be in a Question and Answers format due to the nature of my research and experiences.
How do you establish paternity if the mother is unwilling?
The first step in establishing paternity is to contact DCS. Once you have contacted DCS you will be required to fill out a non-custodial application for child support. Upon completion of this form DCS will review the nature and requirements and determine whether they should issue a paternity affidavit to the mother. There are many things that can go wrong at this point and at no point will DCS grant you the opportunity to refute their findings. If the mother refuses to sign the paternity affidavit then genetic testing may be required. You will be required to cover the costs of the testing.
What if I am low income, or disabled?
The current state minimum for support payments in Washington State is $50 a month. This is the rate you will be required to pay in if you meet the state poverty guidelines. Unless you can come to an agreement with the mother you will be required to pay child support in order to maintain your rights. Currently disabled persons who do not exceed the state poverty level will be required to pay the same amount.
What if the mother lied about my child’s father?
If the mother falsely made the allegation that someone else fathered your child DCS will not discuss this with you. Instead your case will be closed and you will be forced to file a paternity order with the superior courts.
What happens when you are falsely accused of being a danger to your own child?
DCS has no provision for responding to allegations made by them or the current custodial parent. Your only recourse is to retain an attorney and file with the superior court for a paternity order. Nothing can happen until you have established paternity.
How much does it cost to go to court?
There is a $210 filing fee which may be waived if you meet the poverty level income requirements. There is a court fee of $750 and you will be held to the same standards as an attorney. Though as a low income person you may be eligible to defend yourself, this is inadvisable. Typical attorney fees range from $40 an hour to $100 an hour and the attorney’s retainer will be based on his experience with the case type and his /her time estimate.
How long does everything take?
Once you have filed a non-custodial support application DCS should typically respond within ten days. If you do not receive a response in that time frame you should contact DCS again. If DCS refuses to establish your paternity and start child support you will need to retain an attorney and the paternity case can go on for several months. The short answer; As little as 10 days, as much as 3 years.
Why doesn’t DCS just give me a chance to refute any allegations made?
That’s a very good question; it’s very difficult to make a solid determination based on only one side of the story. If I knew the answer to this question I wouldn’t as deep in the subject as I am now.
Resources forms and procedures,
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Procedures and protocols as well as fee’s
http://www.tacomaprobono.org/ESTABLISHING%20PATERNITY.pdf
Forms to fill out and file with the superior court for proceedings
http://www.courts.wa.gov/forms/?fa=forms.contribute&formID;=44
Additional paternity information
http://www.in.gov/dcs/files/establish_paternity_8-31-10.pdf
