Legal Question in Family Law in California

I suggest you hire an attorney. $5,000.00 seems a bit high for this type of problem. That may have been the attorneys standard retainer and the overall cost might be less than 5K. However, if this thing blows up in your face $5,000.00 will seem inexpensive.

This sounds like a mess and if you don't take care of the problem it will just get worse. Because you haven't provided a lot of back ground information, I'm not sure of the facts but it sounds like a case of mistaken identity. However, someone could also be fraudulently trying to claim you are the father of their child. We could do a whole bunch of "what if's" but that would not help your situation. Basically, someone needs to go into court and find out if someone is making a fraudulent assertion regarding paternity or if it is simply a case of mistaken identity. In either situation you will have to argue your position to the court and you will need an attorney.

To answer you question, Yes, a California court can enter a default judgement against active duty personnel in the military. The Soldiers and Sailors acts prevents military personnel from being dragged to court when they are stationed in a conflict area but New York would not be considered such an area.

If you would like specific information or you would like to discuss details please feel free to contact our office at www.brianmcginitylaw.com .

Good luck

Many attorneys, including myself, offer servicemen a discount as a thank you for your service. I give a 50% discount, which probably is not the norm. Many attorneys also offer a free initial consultation if you are not happy with your attorney and wish to find a new one. Having said that, I want to warn you to do something IMMEDIATELY. There is a statutory period during which you can challenge paternity - two years from date you had notice. After that, you are dad even if you can later show you are not biologically related to this child. For more information, visit http://www.ellifritzlaw.com

Mrs. Ellifritz discount is charming, but her advice is not.

The two (2) year statute of limitations applies to genetic testing to rebut the presumption that a man who is married to the mother and cohabiting with her is the father of a child. (Fam. Code, section 7540.) The two year limitations period is set forth in Family Code section 7541. That section does not apply to you, because you did not state that you were married or cohabiting with the woman who claims you are the father of her child.

You have a judgment against you, which must be set aside, pursuant to Code of Civil Procedure section 473. 5, which is the statute used to seek relief when you were not given any actual notice. This is what appears to have happened to you. The notice of the motion to set aside the default and default judgment must be filed at the earlier of 2 years after the entry of a default judgment or 180 days after service of notice that the default or default judgment has been entered. Don't trust the county, and use the 6 months/ 180 days as your guideline. You need to find an attorney to move now and have the judgment set aside, and request genetic testing.