I'm Not The Bio Father, Why Must I Pay?

When I met Ana she was already pregnant and father was not in picture. We fell in love, got married in California. When the baby was born I was there and signed dec. of paternity. Six years later she divorced me and took the child (1993). Looked for a few years but could not find them in California or her hometown of Tenessee. To this day I have not heard from her or seen the child. I now live in Denver and have 3 children of my own. The state of California says that I owe over $36,000 in back child support for the Ana's child. What do I do? If I have to pay, I would like to be able to see the child. How do I find out where they are? Child support services say that she is re-married and she doesn't have to tell me anything about her or the child. I can prove that I am not the father easily but will that end the support order? Help me. I did love and want my family but it is gone and Ana has not looked back. I don't want to be a jerk but I don't feel that I should be required to pay.

[I AM ALWAYS LIABLE]

Originally posted by KIMIYEETA
When I met Ana she was already pregnant and father was not in picture. We fell in love, got married in California. When the baby was born I was there and signed dec. of paternity. Six years later she divorced me and took the child (1993). Looked for a few years but could not find them in California or her hometown of Tenessee. To this day I have not heard from her or seen the child. I now live in Denver and have 3 children of my own. The state of California says that I owe over $36,000 in back child support for the Ana's child. What do I do? If I have to pay, I would like to be able to see the child. How do I find out where they are? Child support services say that she is re-married and she doesn't have to tell me anything about her or the child. I can prove that I am not the father easily but will that end the support order? Help me. I did love and want my family but it is gone and Ana has not looked back. I don't want to be a jerk but I don't feel that I should be required to pay.

My response:

You signed the Declaration of Paternity. Your are now, by law, the "presumptive parent" of the child, and obligated to pay support for the child. When she left you, you had an obligation to yourself to file a Petition for visitation, custody and support. But, it is apparent, that you failed to do so; e.g., in her Petition for divorce, you apparently allowed her to maintain the allegation in those papers that the child was not yours - - when, and despite the fact, you signed the Paternity Declaration, and even more, you became the Presumptive Parent after two years from the date the child was born. You had a duty to rebut her allegations, but you didn't.

And now, after so many years have passed, you're now wanting to find the child? You don't have any more rights to locate the child. The mother and child have privacy rights, and you allowed too much time to pass, and you failed to "fight" when you had the opportunity.

But, none of the above ameliorates your legal duty to provide support - - remember, you signed the Declaration of Paternity, and your paternity is "set in granite" as a result.

Good luck.

IAAL