Family
Support Division FAQ's
General Questions
Q - When the Family
Support Division files a case or appears in an existing case, who do
they represent?
A - The Family
Support Division represents the State of Washington and the best interest
of the children. Each parent represents him/herself (pro se) or may
be represented by a private attorney.
Q - Where is the
Prosecutor’s Family Support Division located?
Skagit County Family Support
1404 E. College Way, Mount Vernon, 98273
Q - How is child
support determined?
A - Child Support
is determined by the Washington State Child Support schedule. A copy
of the schedule and the guidelines for filling it out can be obtained
from the Superior Court Clerk’s office or on-line from the Office
of the Administrator
of the Courts (OAC)
Paternity Actions
Q - Why is it important
to establish paternity?
A - Establishing
paternity creates a legal relationship between a father and a child.
Establishing a legal father for a child provides that child many important
benefits. Some of those benefits include:
- A sense of
belonging because a child knows both parents.
- If your child
becomes sick the family doctor will appreciate knowing a full family
medical history.
- Your child
may be eligible for government benefits such as social security
or veteran’s dependant benefits.
- Your child
may qualify for medical insurance coverage through the father’s
health plan and could become the beneficiary of a life insurance
policy.
- Your child
may also have the right to future inheritance benefits.
- Your child
will become eligible for financial support from both parents.
Q - When does the
State initiate a paterinty action through the Prosecutor’s Office?
A - When a parent
is or has received Temporary Assistance for Needy Families (TANF)
or medical assistance from the State of Washington, the State is required
to seek reimbursement of a portion of that monetary assistance from
the child’s father. If that person is unknown or his paternity
has not been legally determined, the State will ask the prosecutor’s
office to file a legal action to determine parentage and set a child
support obligation that will be used to reimburse the State for those
public assistance expenditures.
Q - How may I legally
establish paternity?
A - There are
3 ways to legally establish parentage:
- Marriage,
If the mother and biological father decide to marry before the child
is born, the marriage may create what is called a presumption of
paternity. Unless a parent or some other interested party later
challenges that presumption, the man will be considered the legal
father of the child.
- Paternity
Affidavit, The paternity affidavit is a legal
form, . The man who signs the form will be considered the legal
father after the form is signed, notarized, and filed at the Washington
State Department of Health, Center for Health Statistics (DOH)
- Court,
if you can not afford an attorney, you may file a parentage action
on your own. The Superior Court Clerk’s office has the forms
you need and the Court Facilitator can help you fill them out. You
may also request paternity services from the Washington State Division
of Child Support. If you want to request the State’s assistance,
you must fill out the required
forms and mail or deliver them to the nearest Washington State
Division of Child Support office. Once the forms are received, the
Division of Child Support will set up a case and refer the matter
to the Prosecutor’s office in the county whose court has jurisdiction
to hear the matter.
Q - If the father’s
name is on the birth certificate does he have to sign a paternity affidavit?
A - Yes. While
the father’s name on the birth certificate creates a strong presumption
of paternity, it is not legally conclusive.
Q - When should
paternity be established in court?
A - Usually, it
is best to establish paternity through the courts if there is any
question about the identity of the father. There may also be other
reasons. For example, if either of you are unsure about signing the
affidavit or the woman’s husband is unwilling to sign a denial,
then establishing paternity in court may be the best option.
Q - What is a “genetic
test” to determine paternity?
A - DNA is the
genetic material in the cells of our body that determines our unique
characteristics. This genetic material comes from our biological parents.
A “Genetic Test” is the procedure scientists use to determine
if a particular man contributed the father’s portion of the child’s
DNA. A Q-tip is used to collect samples from the mother, possible
father, and child, which are sent to a lab for analysis. It usually
takes 4-6 weeks to get the results.
Q - Once paternity
has been determined, how do I establish child support and resolve the
parenting issues?
A - Child support
and parenting issues must be addressed by the court. The only exception
to this rule is that if a custodial parent asks for public assistance
and there is no court order for child support, the State may set child
support administratively. The administrative child support order will
remain in effect until replaced by a court order. If you can not afford
an attorney you can obtain the child support and parenting forms from
the Superior Court Clerk’s office. You can get help filling out
the forms from the Courthouse Facilitator (360-336-9469) located at
the courthouse. (Note, If the Prosecutor filed the action, he will
address the issue of child support in the case.)
Modification Actions
Q - Why
did the Prosecutor’s office file an action to modify the child support
order in my case?
A - If Temporary
Assistance for Needy Families (TANF) or medical assistance is or has
been paid to support your child(ren), the State Division of Child Support, is required to review your child
support order every 3 years to determine if it’s still appropriate
given the parties’ financial resources. If it’s no longer
appropriate and it meets the other referral requirements, it must
be sent to the Prosecutor’s office for modification or adjustment.
Q - If I’m
not receiving public assistance, can I request the State’s help
in modifying my child support order?
A - Yes. You must
fill out the required
forms and mail or deliver them to the nearest Washington Division
of Child Support office. Once the Division of Child Support receives
the forms, they will review the case and if it meets their modification
criteria, they will forward it to the Prosecutor’s office for
further legal action.
Q - If I’m
not working, why is there income listed for me in the State’s child
support worksheet?
A - If you are
voluntarily unemployed or underemployed, income may be imputed to
you based on your past earnings history, your age, or minimum wage.
Contempt Actions
Q - She
doesn’t let me see the kids so why should I pay child support?
A - Your obligation
to pay child support is separate from your right to exercise visitation.
If there is a problem with visitation, you should go to court to get
it resolved.
Q - What if I really
can’t afford to pay my child support?
A - Ignoring the
problem is never the solution. If you are unable to pay the court-ordered
amount, you should petition the court to modify your support to an
amount that is consistent with your financial resources. If you cannot
afford an attorney, you may get the necessary paperwork from the Superior
Court Clerk’s Office. If you need assistance filling out the
forms, you can get help from the Courthouse Facilitator located in
the courthouse complex.
Q - Are there any
resources I can use to help me find employment?
A - The Employment
Security Office (link on line) and WorkSource (link on line) both
have classes and programs that are designed to help you find work.
Q - Can I file my
own contempt action when the State is trying to help me collect child
support?
A - Yes. However
it’s imperative that you notify your DCS case worker so he/she
can avoid collection activity that might interfere with your contempt
case. The necessary paperwork can be obtained from the Superior Court
Clerk’s office. If you need assistance filling out the forms
you can get help from the Courthouse Facilitator located in the courthouse
complex.
Private Domestic
Relations Actions
Q - When do I have
to give the Prosecutor’s Family Support Division notice of my court
action?
A - If a child
in your court case is or has received Temporary Assistance for Needy
Families (TANF) or medical assistance from the State or one or both
parents owes past due child support to the State, you must provide
the Prosecutor’s Family Support Division with notice of your
court action. Some examples of court actions that involve child support
issues include: Dissolution of Marriage; Legal Separation; Modification
of Child Support; Establishment of Child Support and Parenting Plan;
Non-Parental Custody; Modification of Custody; and Establishment of
Parentage.
Q - What if I am
not sure the child in my court action has or is receiving Temporary
Assistance for Needy Families (TANF) or medical assistance?
A - If you contact
our office and provide the child’s name, date of birth, and SSN
we can tell you if we need to be involved in your case.
Q - Why does the
Prosecuting Attorney need to be involved in my court action?
A – If the
child in your court case is or has received Temporary Assistance for
Needy Families (TANF) or medical assistance from the State, the Prosecutor’s
office is required to review your child support related orders to
make sure that the child support amount is consistent with State law,
that child support arrears owed to the State are not extinguished,
and that the State’s right to seek reimbursement for public assistance
expended for the benefit of the children is protected.
Q - What documents
do I need to provide to the Family Support Division?
A - You will need
to provide copies of: Summons & Petition; Financial Declaration(s),
proof of income such as pay stubs, W-2(s), and tax returns; child
support worksheet(s); and the original proposed child support order.
Q - Do I need to
make an appointment for review and approval of my order?
A - No, you may
drop off your documents anytime during our business hours of 8:30
a.m. to 4:30 p.m., Monday thru Friday, except holidays. You will also
need to leave your name, address, and phone number.
Q - Will getting
the State involved delay the completion of my court action?
A - In most cases
we are able to review your documents in 3-5 days. However if we believe
changes need to be made and one or more of the parties does not agree
with our conclusion then a court hearing or trial will have to be
scheduled to resolve the dispute.
Q - If the Division
of Child Support has already set support administratively, do I still
need to get a child support order in my court case?
A - Yes. Washington
law requires that a child support order be entered in every court
case involving the financial care and custody of a child. Administrative
orders only allow the state to collect child support until an order
is entered with the court.
Q - What if I don’t
want a child support order?
A - As long as
the child is receiving Temporary Assistance for Needy Families (TANF)
or medical assistance, the state will require you to enter a child
support court order in your court case.
Q - What will happen
if I don’t get the required State approval before getting my child
support order entered with the court?
A - The Family
Support Division of the Prosecutor’s office may ask the court
to vacate your order and require you to pay the fees incurred in making
that request.
Chief Family Support
Deputy Prosecuting Attorney Kurt Hefferline
Skagit County Family Support
1404 E. College Way, Mount Vernon, 98273
Phone: (360) 416-1161
Fax: (360) 416-1163
email: prosecutor@co.skagit.wa.us
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