How to Get a Child Support Order Amended Based on Paternity Test Results

[James P. Wiggins]

My question involves paternity law for the State of: California

I was married in 1976. Children were born in 1976 and 1982. My wife and I were in separate states when the children were conceived, so I have no question about paternity. No paternity tests were done when I was divorced in 1988. Child support orders were instituted at the time of the divorce.

I currently owe $225,000 in back child support. The children are ages 36 and 30. The county in CA has attached my Social Security for in excess of $700 monthly, which I need to live. Does a paternity check provide me any leverage to convince the county to lower my child support garnishment against my Social security payments? Any other ideas to help?

[Dogmatique]

It's far too late to disestablish paternity.

You're Dad - that's it.

As far as the county is concerned, that's an awful long time you weren't paying - is there a legitimate reason for the non-payment? There is a reason why I'm asking.

[jk]

Does a paternity check provide me any leverage to convince the county to lower my child support garnishment against my Social security payments?

really? You are considering accusing your wife of cheating on you 30 years ago? What a nice thing to do to your kids. I wonder if the kids realize dad believes he is not their father.


No, it won't work. Your time to contest it was long ago and even if you would disestablish paternity, it almost assuredly would not alleviate you of your current obligation as your lack of action then prevented your ex or the state from taking action against the real father so you get stuck with what he would have paid.