Legal Question in Family Law in California

Paternity dispute and child support

Four years ago a friend allegedly fathered a child and subsequently married the mother, based on a DNA test. They have never lived together, but he has paid child support. He is filing for divorce, and now there is evidenced the DNA test may have been tampered with. He has some information that the father of record when the child is two years old will be maintained even if another DNA test shows he is not the biological father. Is this true? Will he be liable for child support even if the new DNA test is negative for paternity?


Asked on 7/10/02, 1:20 pm

2 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Paternity dispute and child support

Your friend can dispute the paternity action by petitioning the court to re-open. He will need a lawyer and there will need to be good evidence the previous DNA was botched and the new test is correct. It is a long and cost-filled road he must travel. He should address all issues in the context of his divorce. I wisk him luck.

Martin

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Answered on 7/10/02, 1:43 pm
Mark Russakow Russakow, Ryan & Johnson

Re: Paternity dispute and child support

This is a two step process. First a motion to the court must be made to do another DNA test. The second step is a motion to terminate child support. If the DNA test shows paternity, than the second step is not needed.

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Answered on 7/10/02, 2:11 pm


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