Legal Question in Family Law in California

child support

I was in the military, married a canadian citizen, had child together. I got deployed alot, after returning from Iraq in 1997, I discovered she left and took the child out of country without my permission. I searched for her and the child for six years was able to reach her by phone in 1998 but the mother told me the child was not mine. I wanted to obtain paternity test after that and could not locate them. After that I eventually moved on and have family of my own now. 11 years later i got notice of dcs in mail saying they have contacted my employer to verify income for dcs from this women. I have four dependents of my own now and one income. I had no idea where this person or child was, I was in Iraq fighting a war most of the time. Had I been afforded the opportunity to want to pay child support after proving the child was mine back then, I would not had known where to send the money or been able to see the child anyways. What is going to happen now? Am I obligated at all?


Asked on 4/02/08, 8:03 am

3 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: child support

You will need to bring a motion to set asidet this judgment or defend it on equitable offset. You will need an attorney for this as the law is complex. I assume that the total that they are looking for is tens of thousands of dollars. Good Luck, Pat McCrary

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Answered on 4/02/08, 11:49 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: child support

they must give you notice before they can get support. if there is an order in place you need to set it aside. in any event, contact dcss and get the file (if any). if paternity hasn't been established, they will have to do so before getting a support order. Hire an attorney to help you with this.

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Answered on 4/02/08, 11:53 am
Julie Page Law Office of Julie S. Page

Re: child support

Are you in Riverside Co., California?

you certainly did not abandon, she ran. You have parental rights here; and the right for a paternity test. It sounds like she went to Dept. of Child Support Services. You really need some guidance, at lenght, or you will be financially "REAMED". Do not ignore any contacts, and seek advice from someone in your locality. If in Southern California, please let me know and I can help you, vty, Julie S.Page

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Answered on 4/02/08, 8:22 pm


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