Legal Question in Family Law in California

Re: Child Support Without Paternity Ascertained

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NOW, IN RESPONSE TO YOUR INQUIRY --

Father's name on the birth certificate is not required to establish paternal relationship. "Invasion of privacy rights" probably is not at issue here, nor extortion. Harassment action would probably be against investigator not mother; further burden of proof would be yours and difficult. A child has a right to support (with interest if it is not being paid) from both parents. Don't waste any time determining possible father's responsibilities, if any, and protecting his rights. Contact an experienced Family Law attorney in the county where the support order originated for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: Child Support Without Paternity Ascertained

All the mother has to do is state that you are the father of the child. At that time the procedure for child support can be started. Father can request a paternity test to determine whether is is included or excluded as the father of the child.

The conduct of the PI would have to be quite bad to support an action for harrassment. It is very unlikely that your wife could sue for extortion.

There are federal statutes that make it a crime not to pay child support, if the supporting parent and child live in different states.

If the mother of the child is collecting child support from the government, a large arrearage is piling up. In California 10% annual interest is added to the amount of support due. Therefore you best approach is to contact the mother of the child and either demand a paternity test or settle on an amount for child support.

Re: Child Support Without Paternity Ascertained

if you can email me more specific facts relating to your harassment claims, i can further assist you legally and/or offer your representation in this matter.