Legal Question in Family Law in California

paternity

A married women I had an affair with has filed for child support against me. that child is now 4 yrs old and her husband has no clue of what is going on. the child does not know who I am and I have not seen this child since birth. This women wants me to send her 300 dls a month to her bank account, in return she promises to drop the complaint. Is her husband conclusively considerd to be the presumed father? This child knows no other father but him. He is on the birth certificate and the child has his last name. Should I explain to the dept of child support what the facts are? Or should I hire an attorney? Can this women come after me for money?


Asked on 3/25/07, 2:32 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: paternity

This is a tricky issue. It is definitely possible you could be adjudicated the legal father of the child. The "conclusive presumption" is not so conclusive and can be overcome by other evidence. You definitely need to take this seriously. I would recommend not paying the mother anything and not providing CSS anything. The more delay you can create, the better your chances are going to be. Probably the most important thing you can do is to fight a Petition for a paternity test, and fight very hard. Once that paternity test is done, you can argue all day long that there is a conclusive presumption but most judges are not going to care.

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Answered on 3/25/07, 4:39 pm


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