Legal Question in Family Law in California

Yes, you have to petition the court to have a DNA test done, if the child is yours, she will very likely seek child support. You have 2 years from birth of child.

You have a legal right to ask for it, but like any legal right if the other party refuses to abide by it, your only recourse is in court. Furthermore, the test is legally meaningless unless it is in the context of an action to determine paternity. You cannot just take a paternity test result and use it to assert your rights as a parent, nor can you use a test that shows you are not the father to avoid anything, such as a Dept. of Child Support Services demand for support for example, until a court issues a judgment that you are not the father. It is the judgment, that you are, or are not the father, that is binding and conclusive. Until you have that, you have nothing the law recognizes. As for child support, the mother cannot sue you for support without suing to establish paternity at the same time. She can, however, sue you at any time for child support and go back to the date of birth, or up to three years whichever is less, for back support, with interest, from the date she files. So if you are, in fact, the father, she could track you down five years from now and sue you for three years back support plus 10% interest. The only rational thing to do is get the paternity case going, get a conclusive, legally binding determination whether you are the father, and then you can get to work being a real dad to your child, or get on with your life without this hanging over your head.

Mr tuan is wrong, there is no 2 year statute for establishing paternity. Also, Mr. McCormick is wrong about how far the other parent can get back child support. He was correct many years ago, but the law has long changed. The other parent can only get back support retroactive to the date date they file for it, or if you are not served within 90 days, back to the date of you being served with a petition to establish support (O.S.C.).

You had better talk to an attorney. There are several issues in your post that I see, and questions that would have to be resolved. For example, why are you paying support now? Did you sign a Voluntary Declaration of Paternity? If so, then there are statutory factors that go into a determination of parentage by estoppel, which means you can be declared to be the legal father even though you are not the biological father.