Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
Could you explain a little more?
Have you actually filed complaint to determine paternity with the Court?
Is your name currently on the Birth Certificate?
How old is the child?
Thank you for the additional information.
Unless you file complaint /petition with the Court to Determine the Paternity of the child and the Court rules that the child is not yours, you would be liable for child support for the child. So, in order to avoid paying child support for this one child, you must file complaint to modify child support stating that one of the children is not yours and for the child support to be based on two children and not three children. You must also file Complaint to Establish Paternity for the child at the same time so that if the Court finds that the child is not yours, your complaint for modification of child support--your complaint to reduce your child support would be granted.
Click on the link below to download the forms. The forms numbers are 12.905 and 12.983:
but the case is filed in California, can i appeal it here in Florida ?
Response: You did not mention that your "case is filed in California." Actually, you put down Florida as the State in your narrative.
No, you cannot file appeal in Florida. You must file your appeal where the case is pending in California.
Hello, the other expert is correct in that you will have to file an appeal in California. Your first step may be to call the child support agency that sent you the letter, and explain that it is not your child, and you have the DNA test to prove it. They should tell you whether or not a court order has been entered against you for the second child. If there is a court order against you, you will want to hire a California attorney who can help you appeal the order.
Hope this helps! Thank you!
It is possible that there has been a mix-up in the child support office, but it is possible that she reopened the case - although usually you would have been served paperwork. The child support office should not be asking you to pay for a child for which no court ordered grant of child support has been given. So it is either mix-up, or they are enforcing a court order that your ex obtained.
Call the number that was on the notice that was sent to you - they will be the best source of information and they can't make you pay or enforce anything over the phone. They already have your address, so they know where to get in touch with you, so there is no reason they should not speak to you on the phone and forward any documentation they might have to you.
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