Legal Question in Family Law in California

Am i legally obligated to pay child support for a child that isn't mine? Although we aren't legally divorced but have been separated for 7 years.


Asked on 2/10/14, 5:57 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That is such a loaded question. I hate loaded questions, because they ignore important things. Things like, you were served papers to determine the paternity of a child and never responded and a default judgment was entered. Things like, you took a child in and held the child out as your own, and are now trying to disclaim the kid. Judges hate that stuff. Don't ask a question like that. Call an attorney and be specific.

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Answered on 2/10/14, 6:44 pm

Mr. Roach is exactly right. There are circumstances in which a person must pay child support for a child that is not biologically theirs. They are not common, but certainly not exceptionally rare either. So without specifics, your question is impossible to answer. And the one specific you do give is irrelevant. You don't get out of paying child support just because you don't have a final divorce. Do you really think no child support is ordered while a divorce case is pending? If the kid doesn't live with you, and you are considered the legal parent regardless of biology, you owe support.

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Answered on 2/11/14, 8:32 am


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