Legal vs. Biological Paternity Q

[somebunny]

What is the name of your state? California

Our local Child Support agency has informed my fiance that a case has been opened where he has been named as the father. The child could possibly be his. However, the mother was married at the time of the child's birth (to another man) and her husband signed the Birth Certificate. The husband lived with mother and child for over a year, supporting his family all this time. Now the mother has separated from her husband and wants to claim my fiance as father and collect child support. Child Support Services has told us that even though the child has a legal father, they will pursue the case against my fiance. Can my fiance be liable to pay support?

 

[Ithildriel]

Not legal advice...

What is the name of your state? California

Our local Child Support agency has informed my fiance that a case has been opened where he has been named as the father. The child could possibly be his. However, the mother was married at the time of the child's birth (to another man) and her husband signed the Birth Certificate. The husband lived with mother and child for over a year, supporting his family all this time. Now the mother has separated from her husband and wants to claim my fiance as father and collect child support. Child Support Services has told us that even though the child has a legal father, they will pursue the case against my fiance. Can my fiance be liable to pay support?

But common sense says that CSS wouldn't be pursuing support from him if they didn't think they could get it.

 

[MrsK]

Well, yes, they will likely pursue the case b/c the legal father wants to be removed as legal father. A paternity test and some paperwork will then (if the child ends up to be his) make your fiance the legal father. Then he gets to pay support, and see the child if he would like to.

 

[rmet4nzkx]

How old is the child? California has a 2 year limit to disestablish paternity after discovery. One might assume that the husband has "Discovered" he is not the biological father by a DNA test or merely the fact that he had no intimate contact with his wife during the estimated time of conception. It would be wise for your fiance to obtain legal counsel and to respond to the papers sent otherwise he my be found to be the father by default. This will also be the time when he considers cross filing for custody and visitation if he is found to be the father. The amount of parenting time does affect child support calculations in addition to income for both parties. He will want a DNA test. Here is a previous response to a similar question with citation from CA Family Code https://forum.freeadvice.com/showthread.php?p=1198020 Also have your fiance go to the superior court site, self help section to read up on paternity cases, these are not usually online so he will have to go to the fileroom at the courthouse to view the file, he should be able to do this since he is named. It may also show whether or not DNA test has been performed. The divorce case may be online and it may behove him to check the public record on that so he knows what he is dealing with. This is your fiance, you may want to reconsider your relationship if this all came as a surprise.

 

[CALIF-PRO36]

My response:

Someone had better dispute paternity before the two-years is up. Otherwise, fiance is going to get "hit."

IAAL