Child Support Owed When Child Is Not Mine

I currently "owe" child support due to a default judgement made against me in the State of California. Here is the situation:

At the time all of this went down, I was residing in New Jersey. I was made aware of these proceedings but was powerless because I could not afford the time or money to fly out and fight it. I tried to respond by mail but I did it the wrong way. At the end, default judgement was made against me. This was at least 3 years ago.
Now that I am residing once again in California, my license for this state will be suspended in June unless I start making payments.

I do not think I am the father and WANT a DNA test done to prove this.
What are the statutes of limitations for this, and how do I go about fighting this in court?

I'm typically not one of these people who go around answering posts by saying "get a lawyer".
However, you've seen what can happen why you try and do something yourself, do it wrong, and fail.
So, get a lawyer, and get a DNA test.
Unfortunately, you will still owe for the past 3 years, and it's unlikely they will let that money slide.
But at least you won't be paying for the next 15 years (assuming the child isn't yours)

1 question has not been answered, and that comes with an additional question:
What are the statute of limitations on this...
and Why would I have to pay 3 years of support (if the DNA test proves the child isn't mine) on a child that isn't mine?

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Quoting Caliboyrob

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1 question has not been answered, and that comes with an additional question:
What are the statute of limitations on this...
and Why would I have to pay 3 years of support (if the DNA test proves the child isn't mine) on a child that isn't mine?

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You can try googling for the SOL for your state.

The reason that you'd still have to pay the 3 years of support is simple:
You were legally notifed of the proceedings and did not request a DNA at the proper time, which is what resulted in the defualt order.

I didn't mention it in previous posts, but I had filled out the required forms that were sent to me, including requesting a paternity test.
However, I found out later, that when I sent the forms back via usps, I was supposed to send them certified. Nothing in the paperwork said anything about that.
But it still makes no sense whatsoever that a person has to pay child support on a child that is proven not to be his. I'll try to search google but I haven't had much luck lately.

The problem that you will have is that you only have 2 years from the date that the default was entered or the date when you knew there was a case filed against you to request that the judgment was set aside. That being said, chances that the default will be set aside and a DNA test being ordered (without the custodial parent consenting to one) will be slim to none. California takes these things extremely serious.

That you attempted to respond to the case, but did it incorrectly will not make a difference. That you knew that there was a case and for 3 years attempted to do nothing by way of an attorney, or coming back to California sooner to deal with this will mean a heck of a lot.

Unfortunately, in your case, the SOL has seemed to already passed and you may find yourself on the hook for the CS.

The problem was, I was residing in New Jersey at the time...
I just recently moved back to California a few months ago.
I don't think even if I filed correctly, that I'd be able to take a DNA test since I was on the opposite end of the country.

Besides, from what I understand, the child is in foster care, so the mother doesn't even have custody.

The problem is you waited three years without attempting to remedy this situation. It was only until you moved back to California that you decided "now" is "convenient for you".

I realize your circumstance sucks, but you should have done something a long time ago.

It appears that it only concerns you now because they are taking away your drivers license. Weren't you the least bit concerned that they were garnishing your wages for the last three years?

If you want to dis-establish paternity now, you really need to get the advice of a good lawyer. On the flip side of this mess...what if it is determined that you are the biological father after all?

a) they weren't garnishing my wages in NJ.
b) I know before I moved back to California that my license would end up being suspended.
c) I tried to do something about it while in NJ. Sending letters, making phone calls to try and plead my case, but everything fell on deaf ears. I couldn't afford a lawyer then, and I can't afford one now. So it looks like I'm up crap's creek, with sand paddles

And besides, I may have "started" the "job" with this woman, if you know what I mean, but I never "finished" the "job".

And if (which is highly unlikely) it is determined that I am the real father, since the child is in Foster care, I will petition somehow, to get custody, since I am now married and have a stable income with my wife.
Because it's obvious the mother can't take care of him.
Heck, his last name on his birth certificate differs from mine and the mother's. That right there should have raised a red flag with the courts from the get-go.

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Quoting Caliboyrob

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a) they weren't garnishing my wages in NJ.

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Yup, I saw that coming.

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Quoting Caliboyrob

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I just recently moved back to California a few months ago.

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A few months ago?...that speaks volumes right there. You should quit while I'm ahead.

It surprised me too. They made no attempt to do anything to me.
They didn't even suspend my license out there.
That's why I don't believe in "government" systems.
It's all fraud.
Like voting.

I don't know if you know this... but California can have a paternity test done from everywhere, even New Jersey. Believe it or not, not every custodial parent lives in California and even they have an opportunity to dispute the paternity of a child, and California is more than willing to provide them with paternity testing. There are ways. They allow you to appear at your local child support enforcement office, or a lab near you to collect your sample.

As far as the child's name... it doesn't raise any flags that they child has a different last name. That child's mother could have named the baby anything including Peter Piper Bill Gates Ronald McDonald. It doesn't make a difference.

One more thing about you "finishing the job," take a biology class. You don't need to "finish" to make a baby.

You know what...at least I'm trying to do something about it.
Am I too late to do so? Who knows.
But you folks don't have to disrespect me. "You should quit while I'm ahead"? What does that tell you.
Also, I know that a woman can get pregnant even tho the man never finishes. It's called "pre-cum".
But if you would read what I wrote correctly, I acknowledged that when I had said "if it is determined I am the father".

This site blows. Just like the rest of the so-called "governments" in the united states.

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Quoting CourtClerk

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I don't know if you know this... but California can have a paternity test done from everywhere, even New Jersey. Believe it or not, not every custodial parent lives in California and even they have an opportunity to dispute the paternity of a child, and California is more than willing to provide them with paternity testing. There are ways. They allow you to appear at your local child support enforcement office, or a lab near you to collect your sample.

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(Maybe he couldn't "finish that job" either)

Well, I'm finished, now I'm going out to have a cigarette.

Well, this whole thread went in the crapper real quick,lol
To the OP, you have alot of hate twoards the Govt and related agencies. Which is fine. That's your right.
But you are yet another classic example of someone who asked a question, didn't get the answer they hoped for, and lashes out.
So, you screwed up, didn't get a paternity test, filed the wrong way, whatever. What's done is done. Time to get over it.
Focus your efforts on rectifying the situation now. Not many people have the money for a lawyer. Beg, borrow, steal, or apply for a personal loan to get a couple grand for a good lawyer.
It may be too late, may not be. But you really have no choice but to try and get it resolved.

Quote:

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Quoting Caliboyrob

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You know what...at least I'm trying to do something about it.
Am I too late to do so? Who knows.
But you folks don't have to disrespect me. "You should quit while I'm ahead"? What does that tell you.
Also, I know that a woman can get pregnant even tho the man never finishes. It's called "pre-cum".
But if you would read what I wrote correctly, I acknowledged that when I had said "if it is determined I am the father".

This site blows. Just like the rest of the so-called "governments" in the united states.

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Yeah...Meanie mean meanie governments!! How DARE they want parents to support their children!! :rolleyes:

1. You had the option of going to an attorney and getting a FREE consult. Many Law Firm offer them.

2. You had the option of appearing by telephone.

3. You had TWO flipping years to appeal paternity.

How long is the "government" supposed to wait while you deal with this issue? How long is the child supposed to wait for you to deal with it??

After license suspension if you STILL don't pay the support that YOU owe it jail time. Better start paying. OR move to a country that won't honor the court order. Most of those countries are 3rd World and really suck to live in...but HEY! At least you will able to drive you goat cart and KEEP your $8.32 a week paycheck!!

Since I don't know what I'm talking about, I thought I'd post the relevant statute for everyone's perusal... including Infinity, who seems to think he's the only one who can be right. However, he doesn't have a legal basis for what he speaks:

7646. (a) Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated upon a motion by the previously established mother of a child, the previously established father of a child, the child, or the legal representative of any of these persons if genetic testing indicates that the
previously established father of a child is not the biological father of the child. The motion shall be brought within one of the following time periods:
(1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of paternity, whichever is first, except as provided in
paragraph (2) or (3) of this subdivision.
(2) Within a two-year period commencing with the date of the child' s birth if paternity was established by a voluntary declaration of paternity. Nothing in this paragraph shall bar any rights under subdivision (c) of Section 7575.
(3) In the case of any previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period commencing with the enactment of this section.
(b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540.