Legal Question in Family Law in California

Re: establishing paternity

In California, a judgment for child support arrearages does not expire "until paid in full." This includes all lawful interest and penalties computed on them and these type of judgments are exempt from any requirement that judgments be renewed every 10 years.

As for whether your husband is or is not the child's father, Family Code Section 7645 would have helped him if a DNA test could have shown that he was not the biological father, if the deterimination of paternity was done without his involvement [by default] and if he had brought a motion in Family Court requesting that he be found not to be ther father and further requesting that all of the child support arrearages be set aside.

However, it is too late for that: The statute mandated that such a motion be filed by October 28, 2006. See County of Fresno v. Sanchez (2005) 135 Cal.App.4th 15.

As it stands, there is no statute of limitations on the arrearages and it looks like he cannot try to show that he is not the father.

I suggest that you go sit down with a family law attorney to see if there is anything else which can be done.

Good luck.

Re: establishing paternity

It does depend upon when he learned about the judgment and how much time has passed. It would be worth talking to a family law attorney to discuss the ability to set aside the child custody order. Good Luck, Pat McCrary