How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33702
Experience:  Attorney with 15 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I live in California. If I found out that two of my children

Customer Question

I live in California. If I found out that two of my children are not mine, but I have been paying child support for years, is there any way to get out of paying child support any longer?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

If the children are under 2 year old you can file a formal paternity action in the local family court to have a judge order a DNA test for each child. If you are confirmed not to be the father, the judge would terminate any support order for any future support. As for past support, the burden would have been on you to confirm paternity before agreeing to any non-court ordered support or to request a DNA test if you were court ordered due to being in on the birth certificates.

.

But once they are over 2, the statute of limitations to challenge paternity would have passed (CA Civil Code 7575).

.

""(3) (A) The notice of motion for genetic tests under this section may be filed not later than two years from the date of the child's birth by a local child support agency, the mother, the man who signed the voluntary declaration as the child's father, or in an action to determine the existence or nonexistence of the father and child relationship pursuant to Section 7630 or in any action to establish an order for child custody, visitation, or child support based upon the voluntary declaration of paternity.""

.

.

thanks

Barrister