child support laws?

Question

My question is I had my daughter in 2004 and I got prgnant by a guy but I was already married to my sons father so I did not tell him and when my daughter was born she looked nothing like my husband so I had to tell him and we are now divorced. I filed for child support for her against the other man will they go after her real father or my ex husband?

Answer 1

With all due respect to chslaw, Calif. Fam. Code §7540 reads:

"7540. Except as provided in Section 7541, the child of a wife
cohabiting with her husband, who is not impotent or sterile, is
conclusively presumed to be a child of the marriage."

Given the husband's sterility, we don't need to proceed to §7541 which deals with the presumption of paternity in other cases:

"7541. (a) Notwithstanding Section 7540, if the court finds that the
conclusions of all the experts, as disclosed by the evidence based
on blood tests performed pursuant to Chapter 2 (commencing with
Section 7550), are that the husband is not the father of the child,
the question of paternity of the husband shall be resolved
accordingly. . . ."

The law may sometimes be what the Beadle Bumble in Oliver Twist called it (cited at: http://en.wikiquote.org/wiki/Charles_Dickens ), but that is not invariably the case. The first question to be answered is whether the biological father will concede the fact of paternity or whether you need to get the social services agencies to force the issue, and pursue DNA testing.

"In In re Jesusa V. (2004) 32 Cal.4th 588 [10 Cal. Rptr. 3d 205, 85 P.3d 2], our Supreme Court noted that the Legislature had provided that evidence of biological fatherhood could rebut the conclusive presumption under section 7540, and that 'the conclusive marital presumption in section 7540 is not really a presumption at all but is instead ... "a rule of substantive law." ' (32 Cal.4th at p. 614.)" (Quoted in In re Angela A., 129 Cal. App. 4th 912)

Similarly, "(1) If, during a marriage, a child is fathered by a man who is not married to the mother of the child, the presumptions provided by Family Code n1 sections 7540 and 7611 subdivision (a), permit the mother and her husband to prevent the biological father from ever establishing any parental rights over the child. However, where, as here, the mother and her husband have allegedly permitted the biological father to receive the child into his home and hold him out as his child, the biological father may assert the rebuttable presumption provided by section 7611, subdivision (d)." Craig L. v. Sandy S., 125 Cal. App. 4th 36

On the other hand,

"(1) This case calls upon us to decide, as a matter of first impression in this state, whether an unmarried man who has expended funds to support a child, in reliance on the mother's representation that he is the child's father, may sue the mother on an unjust enrichment theory for the return of the funds after discovering that the child is not his biological offspring. As a matter of public policy, we conclude that such a suit cannot be maintained. Accordingly, we affirm the trial court's judgment dismissing this case after sustaining the defendants' demurrer." McBride v. Boughton, 123 Cal. App. 4th 379

The above, except for In In re Jesusa V. 32 Cal.4th 588, 85 P.3d 2, are divisional appellate cases and not decisions of the California Supreme Court. But I think they represent the essence of California law. While I am not licensed in California, I read very well. You could read the same, and more, in a California treatise ("Witkin" or another) that you will find in your county law library. But I've given you enough substance to present your case convincingly to that authorities.

90% or more of answers one gets to legal questions on Y! Q/A are, unfortunately, rubbish. Without wishing to insult anyone, I have to say that it isn't worth the 2 points to guess and mislead.

Answer 2

It depends....there is something called the Marital Presumption in California that says a child conceived DURING a marriage is considered to be a CHILD of the marriage. How do you really KNOW if this child is your ex-husband's or your lover's? It sounds like it's possible you were still having an intimate relationship with your husband at the same time you were cheating with this other man.
If you named your lover as the father in the paperwork you filed, most like the Child Support Services Department will "go after" the man you named. But he may use as a DEFENSE the fact that YOU WERE MARRIED.
Just be prepared to go through genetic testing.

Answer 3

They will go after the father you named, but remember, there is a chance that the judge will order you to stop having babies and force you to be sterilized. After all, you had sex with another man while you were married. At least that is my fantasy.

How did you do all this with a straight face, anyway?

My daughter looks nothing like me but I am one hundred percent sure she is mine. I never took my eyes off her at the hosp or for the next 5 years.

I wonder, maybe neither are the father. Could that be also?

Answer 4

The laws on this vary form state to state. In California, your ex husband would be presumed to be the father despite the DNA evidence and they would go after him for the support.

Answer 5

Many states regard a child born in wedlock the husbands child come hell or high water. Get ready for a dirty court fight.

Answer 6

i might inspect Federal regulation. in view that all newborn help regulations might desire to persist with elementary standards that the government has set. i detect it ordinary which you stop paying help after the 8th newborn. that doesn't look honest to the little ones, which in ALOT of states there are ultimate activity of latest child regulation. I actual have heard of caps that they positioned on the amt which you pay in some states say each and each newborn is 10 p.c., which you will in basic terms pay x amt out of your earnings in view which you have a top to stay.

Answer 7

If your ex is written down as her father on her birth certificate, then they'll assume he is her father. He has made a legal claim of being her father.

Answer 8

they would go after your husband, he woudl egt a DNA test prove he wasn't the father and then you give them another name another test, so on till they find the lucky guy..lol
congradulations to your husband for leaving you

Answer 9

as long as you get the child support - who cares?

Answer 10

her real father.