Legal Question in Family Law in California

Here's the situation. In 1988 my husband got his high school girlfriend pregnant. Shortly after that she moved away. Then in 1991 she got pregnant again, not by my husband. Apparently she signed up for state assistance(welfare) and child support is coming after my husband for money for both children she had. My husband is the father of only the first kid. My husband has been in and out of los angeles county jail and California prisons since about 1990.In between him being released and going back in, he has tried numerous times to file to child support that the second child is not his.(He has not even seen this girl since she moved away in 1988.

We were thinking an easy way of proving that the second child could not be his would be by obtaining a copy of his criminal background showing the years he served locked up which would show the time the second child was conceived he was in a jail. How would we go about doing this?any help would be greatly appreciated.


Asked on 2/25/10, 12:01 pm

2 Answers from Attorneys

I agree with your assessment that showing he was locked up would prove pretty well that he is not the father of the second child. The criminal records issue, however, is not one for us family law attorneys. You should re-post your question as a criminal law question.

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Answered on 3/02/10, 1:01 pm

Unless my math is off, both children have reached the age of majority (over 18). Thus, he shouldn't be responsible for anything new. If this has been an ongoing matter the mother and the government are seeking payments in arrears (money he owes from before). Obviously, he should have addressed this before now. He should seek a test to determine if he is the father of the second child and maybe the first just to make sure.

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Answered on 3/02/10, 2:52 pm


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