Child Support And Undocumented Alien Parents

My question involves child support in the State of: California
Hi i need help!!! My husband has a 12 year old child , The childs mom and my husband at the time were dating she was pregnant moved in together but never married he signed like any father would the declaration of paternity.Child was born in 2001.But behind his back asked for support like he was not in the picture even took papers that were indicating for him to go to court for the child support so therefore he never received anything because that woman had received and did who knows what with them.In 2008 she tried to hide from my husband and avoid him soo the boy wont see my husband anymore so he filed for joint custody in which he has in effect that is were they told him about the money owed to child support but was naive to all of this and left it as is.In april 2013 we learned by DNA test the child is not his he is not the biological father.The mother has left out of los angeles county we know by the adress change in childs school she is in Visalia , Kern county.The affidavit for centempt was dismissed due to the fact he is not bilogically the parent.How can he fix this problem he owes tons of money to child support for a child that is not his and is not his fault he didnt know before the age of 2 of the child that it was not his.My husband is a illegal alien and so is the mother of the kid. I am a us citizen and i am married to him and want to legalize him for the benefit of my family we have two kids ..Please help

Okay, let's start at the beginning:

DNA no longer matters; after 12 years the State won't allow him to disestablish paternity unless the biological father files a paternity suit and even then, it's not likely. So your husband is Dad.

I'm not entirely sure what you mean by "contempt dismissed due to not being biologically parent" - that's not the reality of the situation at all. He's legally the father, regardless of biology, and that's all the court cares about. Could he or you be a bit confused about what he was told?

Finally - and honestly, this is much more pressing - how is he illegal? Did he overstay a visa, or did he enter without inspection? There is a massive difference.

He still wants to be in his life but the mother apparetly dont.I was their and judge said that he should just file for custody vs. doing a affidavit for contempt. He was brought in as a child came in without inspection.

Quote:

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He was brought in as a child came in without inspection.

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How old is he now?

30 years old

I was actually hoping you wouldn't say that.

As it stands, your husband cannot adjust status from within the US. Worse, if the State actually files a criminal complaint for willful lack of support, there's an excellent chance he won't be allowed back for a long, long time (if at all).

Thats what i was thinking too..Since the child support is a big problem what that woman did is fraud she lied because she knows who the father is .

Your husband had every chance to request a DNA test before he signed the paternity papers.

This is not all Mom's fault.

he says he never suspected or thought it wouldnt be his.

It's really a non-issue at this point.