Legal Question in Family Law in California
With no paternity can child support be withheld?
A former girlfriend of my son's had a child and told him the baby was his. There was never any paternity test done as the girl, at the time, said she wanted nothing to do with, or anything from, my son. Now, 2 years later, the state of California has started taking 50% of his paycheck for this child. My son has a family of his own to take care of; a wife, a step-daughter and his 1-year-old son. Taking 50% of his paycheck, especially for a child he doesn't even know if he's the father, is causing financial difficulty for his family. How can the state of California take money from him without any proof? His name is not on the birth certificate, he hasn't even ever seen this child. Doesn't there have to be some proof he's the father before they can take money? Thank-you.
3 Answers from Attorneys
Reply: With no paternity can child support be withheld?
The court must have determined paternity as a condition precedent to the establishment and enforcement of child support. I suspect that your son may have ignored letters and or court documents that were sent to him, or he is not giving you all of the facts at this point in time.
I suggest that your son consult with an experienced family law lawyer without further delay. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: With no paternity can child support be withheld?
from the facts given so far, something seems amiss. the courts cannot attach wages without some form of paternity proof in your son's case. if your son did not respond to any court actions against him 2 years ago per se, then by "default", the court may have taken action in this case without your son submitting to any paternity tests. however, your son may still have very strong rights here. if you can email me directly with more detailed information regarding your son's case and whether or not he had been served before with this paternity/support suit, i may be able to offer further legal assistance in this matter. thanks for your question.
Re: With no paternity can child support be withheld?
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. At some point the court must have found your son to be the father, after giving him notice and an opportunity to be heard. Your son has a variety of options from trying to challenge the court's finding to requesting custody and/or visitation time with the child. He should contact an experienced Family Law attorney in the county where the order originated for specific advice regarding his options and possible representation on his behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
