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 Sam Your Own Question

Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22337
Experience:  20 years of experience practicing law.
10707909
Type Your Legal Question Here...
Sam is online now
A new question is answered every 9 seconds

In California. An ex-girlfriend of mine had a baby that she

Resolved Question:

In California. An ex-girlfriend of mine had a baby that she said was mine (born FEB 2001). The baby looked just like me so I have been giving her $400 a month (unofficially) ever since. Almost immediately after the baby was born, she got a new boyfriend and has lived with him ever since. He has supported and cared for the child for the last 12 years. Now I am getting married and having a baby and I don't really care to allow her to keep "double-dipping" getting money from me while also being supported by him. My name is XXXXX XXXXX the birth certificate either. Is there any way to get him declared the parent by estoppel, or make him legally responsible for the child so she can't come after me through the state for child support?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

When you say "giving" her $400 a month - is that by court order? And you never had a paternity test done? Is she married to this other person? Also do you have any relationship with the child?

Customer: replied 1 year ago.

the $400 a month has been direct deposited into her account monthly for 12 years. It was just a personal agreement between us (no courts involved). And we never did a paternity test. She never married the other guy but they resided in the same residence for the last 12 years and even received mail there.

Expert:  Sam replied 1 year ago.
Hello

Thank you. XXXXX suggest you can file for Paternity by Estoppel and have this matter ended.

That would mean that in essence the person who has resided with her for the 12 years, who apparently the child has a bonding and relationship with is the Father for all legal intents and purposes.

I suggest you can check with the clerk of the court and see if there is a pre form that you can fill in and file on your own - or you may want to consult with a local attorney to have them file a pleading for you. It may get involved if she does not want to agree that it is in the child's best interest to declare the other man the Father.

You also can simply just stop the payments and then let her institute some type of legal action - and use the estoppel to defend and win.
Customer: replied 1 year ago.

Can I as an "outside" third party file the Estoppel or does that have to come from her? Also, could she try to "beat me to the punch" by going to the court to have paternity established before the resolution of the Estoppel? Or would it be that she would try to establish paternity and I would refute it by saying that she has been with and residing with this guy for over a decade. They just broke up, so I feel if I am going to do it, the time is now.


 

Expert:  Sam replied 1 year ago.

Hello

 

You may file it

And yes, she may file to have a paternity test request filed for up to 3 years after the child's 18th birthday.

Then, of course, you need to show that the child is also getting support from the live in boyfriend.

And if they just broke up, then you may be on the hook - because he is no longer in the picture - and the child has to be supported. In other words, the courts are not going to say "oh ok - you have been paying for 12 years and now no one to pay so let's put the child on welfare" That will not happen.

If the boyfriend was still in the picture, I suggest, you would have a greater shot at such an estoppel case.

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22337
Experience: 20 years of experience practicing law.
Sam and 8 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Sam
Sam
Lawyer
22337 Satisfied Customers
20 years of experience practicing law.