Legal Question in Family Law in California
Owing child support after paternity disproven
My boyfriend owes his ex-wife 13 years of child support, even though a DNA paternity test already proved that the child is not his. Apparently, under California law he only had a certain amount of time to contest the paternity/child support issue in court (two years I think), and he exceeded the time limit. He only lived with the child for the first year of the child's life, then they got the divorce and he had no further contact afterward, and so cannot be reasonably considered a ''pseudo-father'' of any sort. But he owes upwards from $60,000 in child support for a kid who is not his. Is there any way to correct this injustice??
2 Answers from Attorneys
Re: Owing child support after paternity disproven
The two year limit is to bring a motion for blood tests, if the blood tests establish that he is not the bio dad, then he could contest paternity. However, if paternity is established by judgment then it may be difficult to set aside. What county is judgment filed in? When was judgment entered? Who is enforcing the judgment? How was your boyfriend served with the action? Has your boy friend ever lived in California? How was he informed of the judgment? With the answers to those questions I can give you a better estimate of his chances. Good Luck, Pat McCrary
Re: Owing child support after paternity disproven
Mr. McCrary is correct that more information is needed. However, if the situation is right, if the additional facts are helpful, there is a way to go into court and ask the court to exercise its equitable jurisdiction in wiping out the child support.
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