Legal Question in Family Law in California

can DCSS force me to make child support payments if no paternity has been established

I was in prison when child was born, & i am yet to have a paternity test done. However Charges were just filed against me...For failure to provide,I attend college & have no job. And Disobeying a lawful court order, How is this a lawful court order when I never signed a Declaration of paternity or had a DNA test to prove Paternity?


Asked on 1/04/10, 12:05 pm

1 Answer from Attorneys

It sounds like they did something to establish paternity. They don't have to have a DNA test necessarily. If they file a paternity petition and you don't contest it, you will be dermined to be the father. It sounda like that is what happened. Either you did not receive a lot of papers, or you didn't understand them, or you ignored them. In any case, if you think the child is not yours, you need to get a lawyer on this immediately. Things have clearly gone a long way without you responding appropriately, whether your fault or not, and they have some kind of order and maybe judgment against you. If you know in your heart the child is actually yours, however, then quit trying to fight it and start working with DCSS to get an appropriate support and visitation order in place. Either way, though, you've waited too long for this not to be a mess. You need a lawyer.

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Answered on 1/09/10, 8:44 pm


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