Legal Question in Family Law in California
Terminating support after default judgement of paternity
I lived in WA when an action for child support began, I did not receive any notifications of the action until I returned to CA. That was the 1st I learned that a girl I had sex with in highschool had a child and said I was the father. I was not named on the birth certificate, I wasn't told she was even pregnant. This girl was very sexually active with many other guys during the period of time I was with her, no paternity test was ever done. But I failed to respond to the action, even after I learned of it, and I have been paying support thru garnishment for several years now. She married someone who happened to work for the Welfare Dept. when the child was 2. He is now dead and now I'm being told to pay health care costs. I want to have a paternity test and if I am not the father, terminate the order, is it too late, a default judgment was entered years ago? If I am not the father, am I entitled to reimbursement of any or all the payments I have made? I believe there was fraud involved and wish to have this case reopened
There are other questionable issues but not enough room to explain. Please respond ASAP Thank you.
1 Answer from Attorneys
Re: Terminating support after default judgement of paternity
I could be wrong but I believe it is too late now to do anything about challenging paternity. You are not supposed to "sit on your rights" and that is what you have done.