In June of '05, my now husband had a DNA test conducted on himself and his "child". Subsequently, we found out the child was not his. Two years later, the mother of the child is suing him for support. My husband and the mother of the child were never married, never lived together, and he never signed any papers or birth certificate, acknowledging that this was his child. He did, however, pay support (without an order). The child is now almost 3. My question is, are we going to be held responsible for this child under California Paternity laws? So far, my husband has only had to make a statement to the department of child support services and request and "official" DNA test to be done by the state. Is there anything we should be worried about? We're not interested in recouping the support money we're out already; we just want this to be over! (Who wouldn't after 3 years of harassment and basically losing a child?)
2007-02-22 05:28:09 · 5 answers · asked by isisrocca82 3 in Politics & Government ➔ Law & Ethics
In most states, if you don't contest paternity within 2 years, you have to pay support. No matter what a DNA test says. Especially if your married.
I'm just wondering if this applies to the unmarried.
2007-02-22 05:52:21 · update #1
In CA, if they had been married, the man would be the legal father of the child......DNA or not. However, they were NOT married, and DNA has shown him NOT to be the father. He must take this to the mat with the courts, or find himself paying ,what will seem like, forever. The mother makes out the birth certificate, a man doesn't sign one. The mother puts down who the father is. Insist on the DNA being done by the State to clarify that he is NOT the father, THEN, EXPLAIN, very important, that he thought the child was HIS, so he had done the honorable thing and paid support, without having a court order to do so. NOW, he understands he is NOT the father, and understands he has no legal or emotional, physical or any other ties to the child.......and as a husband with a REAL wife, NEEDS to not have the support on his shoulders.......since the lady's child, never say 'his' child, has no ties in REALITY to him. Continue to write it, say it, and if necessary, contact your congressman, whose office should help you with paper work. I do that.........you can, too.
2007-02-22 05:43:25 · answer #1 · answered by laurel g 6 · 0⤊ 0⤋
i dont understand how they could court order him to pay child support for a child that isnt genetically linked to him. unless he has ever filed for any kind of custody for the child, and you said he didnt sign the birth certificate, so the most they can make him do is take another paternity test for the courts then it will over and done with. you probably won't get any money back but chances are you wont have to pay any more either. sorry about your situation, but i hope the outcome is good!
2007-02-22 05:37:53 · answer #2 · answered by Anonymous · 0⤊ 1⤋
sure he def needs a paternity try, 2 years in the past i became coping with an similar subject and got here upon this lab observed as locate Lab they were in a position to grant me the try for 350$, and not at all in effortless words that they worked with my monetary subject, i finished up paying one hundred seventy 5$ when I made the appointment and some thing later. they're very helpful and comprehend a lot about those circumstances. regardless of if it appears like its intense priced it became absolutely the most inexpensive i ought to locate, some places were charging me seven-hundred$ 600$ and that turned right into slightly to a lot. provide them a call or inspect their internet web site they have very sensible suggestion and don't be afraid to ask they're very awesome
2016-12-04 19:24:47 · answer #3 · answered by gagliano 4 · 0⤊ 0⤋
Sorry about your situation, and yes California has the WORST Paternity laws in the country.
2007-02-22 05:31:05 · answer #4 · answered by J S 4 · 1⤊ 0⤋
not married? your OK then
2007-02-22 18:35:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋