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I might be a Dad but am not with the mother no more and she is trying to get me to pay child support and back pay. They have been trying to get ahold of me but I will not ruturn there calls cause I am not sure if I am the dad. If i am will I be forced to pay Child Support and or Back pay? I am not on the Birth Certificate.
State/Country relating to Question: California Already Tried: seek minimal counsal
Thanks for using JustAnswer.com What state are you in? Has there been a paternity test? Has she sued you in court for child support? Thanks
california
no paternity test
i have not been to court for anything regarding child support & paternity test
also i am not on the birth certifict & im the second guy she's went after from welfare, and what im also asking is there a new law or law that states back pay doesnt happen entill you are proven the father by paternity test, also i was in the child's life for the first year but left do to she kicked me out and got married, i dont think im the father
Thanks for the information. If she wants child suupport from you, she will have to begin court proceedings. If you are alleged to be the father and your ex is requesting support, you are entitled to a paternity test. The court MAY order that interim child support be paid until there is a determination of paternity. Once paternity is determined, if you are not the father, any monies paid may be returned. You only have a limited period of time to challenge paternity once a lawsuit is filed. You may wish to contact a lawyer who specializes in family law. You can contact your local bar association for a referral. It may give you 2 or 3 names. You can call the lawyer(s) to set up an appointment to discuss the specific facts of your case. Many times, the first consultation is free. It would be well worth your while to have an attorney explain your options. Again, first consultations are free. I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question. Thank you. Legal Disclaimer: This is for informational purposes only and does not constitute legal advice.
im pretty sure im not the father but if i am found to be the father am i liable for backpay child support?
The court cannot order child support until paternity is established. If she files a case for paternity/support, she may only get if from the day she files the suit and after. I hope you find this information useful and that you will PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question. Thank you. Legal Disclaimer: This if for informational use only and is not considered as legal advice.
My answer assumed that your ex was not receiving public assistance. If she was receiving public assistance, you may have to pay back the state for your share of the assistance of the child.
Attorney
20+ yrs in criminal, landlord/tenant, family, & small claims