Legal Question in Family Law in California
I have a 24 yr old son that I am not sure if he is my child. I have been asking for a paternity test since the boy was born. I have never been involved in this childs life. In my younger years I was in and out of jail running wild. When I would try to see this boy the mother would not allow me to see him. The mother says that she served me child support court hearing papers but she put her address as my address so I was never served. Also she listed my fathers place of employment for my employer because we both have the same name. I was never employment for a long period of time. ok heres were it gets messy..about 5 years ago I recieved a large inheritance from my god mother. I went into family court to square up. When I asked about this case I was told the case was closed. (I was prepared to make her an offer even though paternity had never been established) But since it was closed I forgot it. Also again I have never had any relationship with this child. The childs mother found out I got this inheritance and took me back to court. I had records to show the dates I was incarcerated. Also asked for a paternity test but was denyed that. Tried to explain to the judge that the income and employer they had listed for me was my dad not me. The judge did not care! My attorney was no help at all she did not say anything! I was ordered to pay $450,000 in rears. I have a job making $21. per hr but I purchased a home that is worth about $300,000 and paid cash for it. They have a lein on half of my property because the other half belongs to my wife. How can I demand a paternity test? and isn't $450,000 a little excess for a case that was closed? plus I am being charged 10% interest each month on that $450,000. They take $150 each week out of my check. This will never be paid! What can I do? Do I have any legal recourse? Also I was told that the judge is a friend of the family.
How do I demand a paternity test for a child that is now an adult that I have never had a relathionship with? If the child is not mine how can I stop the wage attachment? And if he is mine I tried to settle up when I had the money and they told me the case was closed. So what can I do about that? When the child was 0 to 18yrs old I did not earn very much money. How can estimate my rears by my inheritance or my fathers W-2's?
1 Answer from Attorneys
It is a little too late to demand a paternity test right now. The issue should have been setting aside your default. It sounds like that was tried a long time ago and you never appealed from an adverse decision. It sounds as though the thing has become "final."