Legal Question in Family Law in California

The circumstances seem to have changed with the disclosure that he is not the father. It is doubtful that a court will require him to support a child that he is not the father of, especially since he is not married to you. He can contend that the voluntary paternity declaration was the result of mistake of fact.

Technically he is beyond the 60 days to revoke a voluntary declaration of paternity, but most Family Court judges and commissioners will bend over backward to find an exception or other way around that time limit to keep a man who is not the father from being ripped off by a woman who just wants money instead of fairness and justice. I suggest you track down the other guy you were sleeping with and get the real dad on the hook, rather than continuing to try to screw over a guy who just tried to do the right thing. I'll stop there rather than reminding you of the old anglo saxon single syllable explitives that apply to a woman like you.

Your case is governed by Family Code section 7575.

The sixty (60) day requirement is for the parents to revoke a Voluntary Declaration of Paternity.

Outside of that time frame, the presumed father who signed the Voluntary Declaration of Paternity would have to file a court action to set aside the Voluntary Declaration of Paternity.

That is discussed here: http://www.courtinfo.ca.gov/selfhelp/family/parentage/bringaction.htm

That procedure would be governed by a two (2) year statute of limitations. "The notice of motion for genetic tests under this section may be filed not later than two years from the date of the child's birth by a local child support agency, the mother, the man who signed

the voluntary declaration as the child's father, or in an action to determine the existence or nonexistence of the father and child relationship pursuant to Section 7630 or in any action to establish an order for child custody, visitation, or child support based upon the voluntary declaration of paternity." (Fam. Code, sect. 7575 subd. (b)(3)(A).)

It is not clear from your post whether you are in actual paternity litigation now, or he has filed an application to set aside the Voluntary Declaration of Paternity, or whether you are simply using some "home paternity test" and squabbling amongst yourselves.