PARENTAGE ACTIONS Flashcards
Describe the legal effect of signing a paternity affidavit.
You assume all rights and responsibilities for the child.
Know the options for clients who wish to start a parentage action, where paternity has not been established.
Petition for Determination of Parentage or contact DCS.
Know how the venue is determined in a parentage action.
Where the child resides or where the respondent resides if the child is outside the state of Washington.
Know when a client should file a parentage action versus a parenting and support action.
The client should file a parentage action if paternity has not been established. If a paternity affidavit has been signed or paternity has otherwise already been established then they can file a petition for residential schedule and child support.
Know the procedure for filing a parentage action
Petition for the establishment of parentage CIF Addendum Declaration of the party to an action to establish a parenting plan Summons Return of service – if applicable Joinder – if applicable Acceptance of service – if applicable
Know the remedies NOT available to parties in the parenting plan and child support actions that are available in dissolution actions
Property division
Debt division
Spousal support
Know whether parentage orders are treated as final parenting plans for purposes of modification.
Petitioner Amanda Simpson claims the court erred when it treated respondent Jonathan Fairfax’s petition to establish a parenting plan as an initial “custody” proceeding under former RCW 26.26.375 (2002) instead of as a modification under RCW 26.09.260 and .270.
Because the superior court previously entered a parentage order that qualifies as a custody decree, we reverse the decision of the Court of Appeals and remand for further proceedings.
The court must find that there is adequate cause and a change in circumstances as detailed in RCW 26.09.260 and .270 before it can change the custodial designation from Ms. Simpson to Mr. Fairfax.
Yes. A parentage order previously entered by the court qualifies for an adequate cause hearing and a change in circumstances.
Know the timeline to challenge a paternity affidavit.
Under Washington law, you must start your court case no more than four years after the parentage acknowledgment you are challenging was filed with the Department of Health
If less than four years have passed, you may challenge the paternity affidavit or acknowledgment by filing a court case. You will have to prove there was fraud, duress, or material mistake of fact
If a teenager, then no limit to challenge if:
The judge did not appoint a guardian ad litem (GAL) to represent you in the court case that established parentage AND
the acknowledgment or order is not supported by genetic tests
You may file a challenge no matter how much time has passed since the acknowledgment or order was entered using a “Petition for Establishment of Parentage Pursuant to RCW 26.26.
Know the options available to a party who wishes to disestablish or rescind paternity.
CR 60 – Motion to Vacate or Petition to Dis-Establish Paternity. A GAL must be appointed for the child.
Know the circumstances under which a party may rescind a paternity affidavit.
A signatory may rescind an acknowledgment or denial of paternity by commencing a court proceeding to rescind before the earlier of (a) sixty day after the effective date of the acknowledgement or denial or (b) the date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
Special law for teen parents: Effective July 22, 2011, if you were a minor at the time that you signed a paternity acknowledgment or denial, you now have until your 19th birthday to rescind your signature.
Know the factors that create a presumption of paternity.
a. married when the child was born
b. parties were married or in domestic partnership and child was born within 300 days of when relationship terminated
c. attempted to marry or enter domestic partnership but was invalid and child born during or within 300 days of when relationship terminated
d. resided in the same household for the first 2 years of the child’s life and held out as own child
e. after birth, married or domestic partnership and person voluntarily asserted parentage by:
i. filling with the state registrar of vital statistics
ii. having name put on the birth certificate
iii. written promise to support the child as own
Understand the administrative hearing process in child support cases and also the Division of Child Support’s role in providing support enforcement services.
Apply for child support. DCS will certify mail to obligor a CSWS they are proposing, the obligor has 20 days to respond, and can request an administrative hearing be set, or respond with his or hers pay stubs or other financial information to dispute the number proposed. If no response in 20 days, then default CS Order is entered.
Enforcement occurs through DCS – garnishment, contempt actions, and intercept tax returns.
Know what Temporary Assistance for Needy Families (TANF) is and how it may affect a child support action, including when the Division of Child Support may become a party to the action.
TANF is a means-tested federal and state benefit program allowing those who qualify access to
Do not include TANF as income for CS. If TANF rec’d then the state must sign off on CS Order / go through DCS anyways.
Must cooperate with identification of father in CS case or lose 25% of TANF benefits.
DCS must sign off on the order of child support when the child receives TANF or state medical.
