QUESTION

Can my nephew be forced to pay child support if he is not on the birth certificate and no DNA testing has been done?

Asked on Jan 28th, 2014 on Child Custody - Oregon
More details to this question:
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)?
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3 ANSWERS

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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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.
Answered on Feb 03rd, 2014 at 7:32 AM

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Alimony Attorney serving Klamath Falls, OR at EveLyn Oldenkamp
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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.
Answered on Feb 03rd, 2014 at 7:31 AM

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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.
Answered on Feb 03rd, 2014 at 7:31 AM

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