Afraid to Submit to Paternity Testing Due to Possible Welfare Fraud Charge
My question involves criminal law for the state of: Washington
I had relations with more than one man around the time of conception of my child. One of the men is a roommate I live with. The other I only have a first name for and no real other info to contact so I'm afraid that this looks phony even though it's not.
I received welfare and food assistance before during and after the child was born. I am afraid that if I submit my child for paternity testing and it comes back positive that my roommate is the biological father that I will be charged with fraud for receiving benefits. I did not make any false statements on my application but his income would have made me ineligible for the benefits I received after the child was born if it turns out to be his.
I told the case worker that I did not know who the father of the child was when I applied for benefits while pregnant.
Can this be used against me as withholding or intentionally concealing information if I don't know for sure without testing? What cases can I site? Does this constitute an innocent failure to disclose due to lack of knowledge? Or constitutes a substantial evidence of a willful withholding of information?
I've read that they must prove that I “committed, and intended to commit, [an] intentional program violation.”
I had no intention to deceive the agency, and I have complied with all reporting requirements except to cooperate with paternity testing.
I read somewhere that the court cannot presume that any facts that were withheld were withheld on purpose. I cannot find the citation now though.
The thought of being charged with a crime is causing me to not sleep at night and am having terrible panic attacks, anxiety and stomach aches.
I have never been in trouble with the law. I’ve never even had a speeding ticket.
Re: Afraid to Submit to Paternity Testing
If you didn't have results or otherwise have reason to suspect one father over the other, criminal charges of fraud are probably remote. However, since the child can now be attributed to an indentified individual, there IS a VERY strong possibility that the benefits received will need to be paid back (which can come in a variety of ways, differing by state - whether that means YOU pay it back to the state or the father does can depend on a lot of different factors).