New Husband in Arrears, Unable to Survive, No Paternity Test Done

[highanxiety]

My question involves child support in the State of: Washington

I just got married in the middle of last year, and my new husband is in arrears for child support. He was served right before our wedding, the child is 4 years old, and has yet to get a paternity test for a "one night stand" that he has never seen. Washington state is a community property state, and I still have yet to understand what that really means. They are garnishing his wages, taking over 50% of what he makes, and are also taking out an additional $150 a month for medical insurance. We can no longer pay bills on what we are currently making, and both of us work full-time. Is there anything that can be done to lower the amount that is getting taken out, or is this California's punishment? I can't afford a lawyer, and he can't afford the gas it takes to even get to work. Our situation is spiraling out of control. Please help.

[Dogmatique]

What has happened is that somewhere along the line, he was found to be the legal father.

Does he have any idea WHEN this happened?


And what does California have to do with anything?

[highanxiety]

That's where the child lives, and where he lived until 3 years ago. He didn't hear anything about it until a year and a half ago that the child was his.

[LawResearcherMissy]

In what fashion did he "hear about it"? Was he served with papers for a hearing? If so, did he not show up?

[highanxiety]

There was no hearing. We are in a different state. He's paying, and has been since. He's just not making enough to survive.

[LawResearcherMissy]

That's not the way that works. The court doesn't just automatically award child support without attempting to determine paternity. At some point, your husband should have been informed that he needed to show up at court to contest this woman's claim.

And you haven't answered my question. How was he informed a year and a half ago that the child was his?

[Dogmatique]

And that is a very important question....

[Lawrence084]

Is it possible the child support amount is based on the job he had in California? Now that he lives in Washington is he working a lesser paying job? It reads like there is a carry over from his past that you made not be aware of. Too many things don't add up right. Need more details to help you.