Legal Question in Family Law in California

So, I want to know what my rights are if any. At the age of 18, I had my daughter. I was unaware of who the father might be. Because I lived in Oakland, CA and was receiving welfare before the baby arrive, they told me that I had to file child support. When I open the case I told them that there was a possibility that the guy�s information that I gave them may not be the father. They said that they would handle it and get a DNA done when they located him because all the info that I gave them was last known address, DOB and name. In 1999, I received the order that I was ordered child support but there still was no DNA test confirmed. I moved around a lot from 1994 to 1997 so I am not sure if they tried to contact me or not. In 2003, I believe, I received the first check for payment, I immediately called the case worker and told her that I was not confortable accepting the money because I was not sure. Long story short, I was able to locate the one that the child support was being taken from and paid from my own funds a DNA test which showed that he is not the father. I told him that I would pay back the money which he agreed to. Now he wants to sue me for fraud, pain & suffering and return of money. Can this be done? I was agreeing to pay back all of the money, I am not trying to keep it now that I know the truth. Please advise


Asked on 6/23/10, 10:28 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You do provide a lot of detail. The problem, however, is that it is not possible to give you a definitive answer without asking a lot of questions, and speaking to the Child Support Services Department in your area. The reason for this, is that it is not clear if the man you named as the father was properly served, and defaulted, or waived his right to have genetic testing done. I do suggest you speak to a competent family law attorney, who will have these and similar other questions for you.

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Answered on 6/24/10, 5:47 pm


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