Legal Question in Family Law in California

Paying Child Support for someone else child

A friend of mine's X-wife served him papers to pay child support on a kid she claimed was his. He had a court date and never showed up. Approximently 6 years later it all caught up to him and was arested and had a wage asignment attached to his paycheck. After proving by blood test that the child was NOT his he still has to pay support for this child and back support of $16,400 and continue to pay $235.00 per mo til the child 18th b-day. He said since he did'nt contest the 1st judgment there's nothing he can do and is legaly bound to this. Is that true? He has to pay support for a child proven not his? Thank you for your time.


Asked on 11/23/00, 10:07 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Paying Child Support for someone else child

There are questions that I need answered before I can give you a total response. Basically if a child is born to a couple during marriage there is a presumption that the child is the husbands. Notwithstanding that fact, if there has been a blood test to determine paternity and it was determined that the person was not the father, than I would do an OSC to vacate the judgement based upon that fact. Without more info this is the best response I can give you. If you are located in So. California and would like a free telephone consultation please call me at 818-342-8020 x1

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Answered on 11/29/00, 5:20 am


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