What can I do about the married woman requesting child support when I am not sure it is my child?
Full Question:
I had an affair with a married woman for about six years. More than three yrs ago, she gave birth to a child and told me I was the child's father. I told her to tell her husband the truth before the child and her husband developed a child-parent relationship. She refused, saying that she did not want her husband to find out about our affair. I recently broke off our relationship, and she filed for child support against me. She is married and living with her husband, and he has no idea of what is going on. She has offered to drop the child support claim if I give her $300 dollars a month. I understand that under these circumstances the statute of limitations for a motion for DNA testing is 2 yrs from the child's birth. She keeps on calling me everyday trying to convince me to give her money. I really don't think she wants to go to court. I received a letter from the Department of Child Support Services stating that they will file a summons and complaint with Superior court. They offered to settle out of court if I would fill out a form they sent me and send them my recent pay stubs. How can they ask for this information without even establishing paternity? I responded by telling them that paternity has been established by another man and that I have no interest in that child and that I have seen the child only a few times. It has been six weeks since I have heard from them. Later I found out that this woman who filed the claim has a friend that works for the department of child support. What are my options?
02/08/2007 |
Category: Paternity |
State: California |
#552
Answer:
Section 7611 of California's Code states that a man is presumed to be the natural father of a child if he and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court.
A child, the child's natural mother, or a man presumed to be the child's father may bring an action as follows:
(1) At any time for the purpose of declaring the existence of the father and child relationship presumed under Section 7611.
(2) For the purpose of declaring the nonexistence of the father and child relationship presumed under subdivision Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts.