Legal Question in Family Law in California
im in california i had a son in 1997 and a few years later she and he moved back east and back in 1997 i wavied my rights to a paternity test .. then on or about in 2001 -02 i got into trouble and went to prison and one of my charges was child abadonment or failuare to pay child support so when i got out 2005 i paid almost 30k to to clear up back child support they closed the case well now new jersey says i owe the 77k for back child support can i go back to prison for this case?? and the other thing is im almost 99% sure im not his father and so i got her to do a home paternity test to see if it comes back neg is there anything i can do for my situation
1 Answer from Attorneys
With regard to the paternity of the child, no, there is nothing you can do. As you waived your rights to test back in 1997, unless, the mother agrees, there is now a judicial determination of paternity and way too much time has passed that might have allowed you to set that order or agreement aside.
On the other hand, if you fail to pay your support, yes, you could go back to prison. I am not sure about New Jersey, but under CA law, there is a presumption that if imprisoned, that you have no ability to pay support.
You may be better served to speak with a family law attorney in New Jersey.
Of note, even though CA "closed" there case against you, it does not mean that your responsibility to provide support ended, but just that your past support may or may not have been taken care of.
Good luck!
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