Legal Question in Family Law in California

You get married, you have kids during this marriage, you get divorced, you find out one child is not yours, do you have to pay child support for that child?


Asked on 1/27/12, 12:17 pm

4 Answers from Attorneys

Peter Tuann Law Office of Peter Tuann

From the birth of that child, under CA law, you have 2 years to challenge paternity, after that you are on the hook financially, even if later on you use DNA to prove that he or she is NOT your biological child. I've dealt with this issue for other clients. It is SO unfair, but it is the law, same with other states. Hopefully, your ex will have the moral decency to obtain child support from the actual biological father.

Read more
Answered on 1/27/12, 12:23 pm

Mr. Tuann is basically right. There are, however, a few judicially established "loopholes" to the rule. You should really retain an attorney to look into this in detail.

Read more
Answered on 1/27/12, 12:30 pm
Michael Schneider Family Law Center

Mr. Luan is also incorrect in that your ex probably would not even be able to collect any support from the biological father. Mr. McCormick is correct though, that you should seek out "experienced" family law counsel. Good luck!

Read more
Answered on 1/27/12, 12:39 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I think the fairness of this law depends on your point of view. If presumed dad has a relationship with a child he has thought was his for several years, should mom be able to bring bio dad into the picture later when things go sour and kick him from the child's life? I was involved in a state bar legislative proposal review group last year and this law came up. There are stories on both sides.

Read more
Answered on 1/28/12, 6:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California