Legal Question in Family Law in Tennessee
Child Support Paternity Dispute
The Los Angeles (California) County Child Support division has sent me a letter that I owe child support in California. I have not lived in CA since the age of 12 and I know without doubt that I am not the father, but because my previous address and name matched their database they are assuming I am the father. They have also contacted my employer to set up benefits for this child without any proof or court order that I am the father. (My employer is based in Mississippi and I work in Tennessee.)
Two questions: 1) Is this legal and/or is this a legitimate state government practice, and 2) How should I proceed to resolve this matter? If it is a legitimate practice am I required to prove to LA county that I am not the father without a court order, or if a scam how can I protect myself from their accessing my employer benefits and records?
1 Answer from Attorneys
Re: Child Support Paternity Dispute
As a TN lawyer, I can not wiengh in on CA law, but I believe you will find that if there is an order requiring you to pay child support, you are going to need to set it aside even if you know for certain that you are not the father. This unfortunately will likely result in your incurring attorney fees, but you do want to do this right. I believe you will find (after speaking with CA counsel) that you have a constitutional right to notice and the right to be heard before the entry of an order requiring you to do anything (neither of which was afforded to you), so it should not be too difficult to set it aside. HOwever, I obviously don't know all the facts so please run them past an attorney. Best of luck to you.
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