Legal Question in Family Law in California
dna
the middle child isn't mine just found out. do i still have to pay child support when we go to court
2 Answers from Attorneys
Re: dna
you must prove that the child is not yours. if successful and baring any sol issue, you probably won't have to pay support for that child.
Re: dna
The case law is not completely clear on this issue. But is is clear that just because you are not the biological father, does not mean you will not have to pay child support. The court will look at various factors, including the relationship that has been developed between you and the child. If the court determines that you are the legal father, then you will have to pay child support. However, there is nothing in the law that would prevent you from going after the true biological father for suppoort to you. I believe that recent developments in California case law support this action. There is nothing in the law that says a child cannot have more than one father or that no more than one father is required to pay for support. As a matter of law, a child can have two mothers, so it logically follows that a child can have two fathers. You can legally require the mother to give you the name and last known address of the biological father.