My ex-wife had a child in 1990 after we were separated. She listed me as the father on the birth certificate but this was never signed by me. She was incarcerated at the time for prostitution. Thinking the child was mine, I petitioned for custody with the divorce filing. She then told me that the child was not mine so I dropped the paternity part of the divorce proceedings. The state of California then demanded child support and a DNA test in '93 which proved me not to be the biological father.

I have had not met my ex or her son since 1991 and have spoken on the phone with them maybe three or four times. My ex's boyfriend petitioned for de facto paternity a year or two later, successfully I think, and has been de facto parent since then. The case for child support was dismissed entirely and without prejudice in the California superior court in '94. I have now received notice by mail from Child Support Services indicating that my ex has requested that the support case be reopened, claiming me as non-custodial parent, and they are requesting several pages of financial information from me.

A friend advised me that if I do nothing, the state will assume default and come after me. What action should I take? Can they make me pay back child support?

Thanks.

My first step would be to call the child support office responsible for the paperwork which was sent to you, and ask them to review the court findings of DNA testing which was previously ordered by the court.

Best wishes,
Amy