Legal Question in Family Law in California

Child support

about 14 yrs ago I went to a divorce.I had to pay child support for my 1 son. My x had a baby by someone else during our marriage. which she didn't try to make me pay child support. on the divorce paper work they had the other kid down as a hardship.recently she went to the county and told them that I am the father.the county is taking wages from my check and she waiver the blood test some how, otherwise they refuse to let me take a blood test. If the child were born before our divorce and put down as a hardship how could they claim I am the father with no blood test....please help


Asked on 12/18/06, 2:36 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Child support

You need to fight the alleged paternity in court. The county cannot take money away from you for the other child until and unless it brings a motion and gives you an opportunity to be heard. There is a presumption that a child born during a marriage is a child of the husband. However, this presumption can be overcome on grounds of equity and by the best interests of the child test. The courts will often look to whether you have ever established a parent child relationship with the child to be supported. You need competent, experienced counsel for a matter like this that involves some very tricky and ambivalent rules of law.

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Answered on 12/18/06, 5:24 pm


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