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  • rebwim76
    started a topic Question about child support California

    Question about child support California

    My boyfriend is in the middle of a not so fun divorce. Long story short, he's presumptive legal father but is contesting paternity and she (soon to be ex wife) wont do a test. He's in the military and has been paying her the portion of the BAH (housing allowance) that she's entitled to but she's trying to say that he owes child support and has actually filed a child support suit with the CA DA's office. Can she do that? I thought that child support came once the divorce was final.

  • mommyof4
    replied
    Originally posted by rebwim76 View Post
    Unfortunately, not really. She could narrow it down if she wanted (I'm sure) but she's not made anything easy-didnt show up to the last court hearing; has belligerent toward his attorney; lied to the judge and his attorney; she's even lied and said that she did a paternity test and that he was the father (that was in the summer). Of course we found out that wasnt true.

    If the test showed that he was not the father would he still be responsible fort he child? Again, I dont want to make this seem like it's all about money. We just want to know of the child is his and if the child isnt his then we want to move on and have her (the ex) out of our lives.
    Maybe not, but yeah, he probably would be. It's not fair, but the court's primary concern is protecting the child.

    Leave a comment:


  • demartian
    replied
    Originally posted by rebwim76 View Post
    Unfortunately, not really. She could narrow it down if she wanted (I'm sure) but she's not made anything easy-didnt show up to the last court hearing; has belligerent toward his attorney; lied to the judge and his attorney; she's even lied and said that she did a paternity test and that he was the father (that was in the summer). Of course we found out that wasnt true.

    If the test showed that he was not the father would he still be responsible fort he child? Again, I dont want to make this seem like it's all about money. We just want to know of the child is his and if the child isnt his then we want to move on and have her (the ex) out of our lives.
    There is a possibility that if he is not the father and they can not locate the actual father that he will still be responsible for the child (because he was married to the mother).

    If he is required to pay support however, he will also be allowed the standard visitation so long as he is a fit parent. They wouldn't require him to pay support and then say that he can not visit with the child because it is not his via DNA.

    Leave a comment:


  • rebwim76
    replied
    Originally posted by demartian View Post
    She asked him to terminate his parental rights? Does she have someone else that she is looking to have adopt the child? Something defenitely does not sound right.
    No, there's no one to adopt. She wanted him to do that and her not have to submit the child to a paternity test. I think that she realizes that she's gonna get caught in a lie.

    Leave a comment:


  • rebwim76
    replied
    Originally posted by mommyof4 View Post
    I do have to say that if there are already proceeding to challenge paternity, it is likely that CSE will NOT order child support until those results are back.

    It's going to be tough to disestablish paternity if there is no possible father in the picture. A court does not like to leave a child without a legal father. Is there any way he might be able to narrow it down?
    Unfortunately, not really. She could narrow it down if she wanted (I'm sure) but she's not made anything easy-didnt show up to the last court hearing; has belligerent toward his attorney; lied to the judge and his attorney; she's even lied and said that she did a paternity test and that he was the father (that was in the summer). Of course we found out that wasnt true.

    If the test showed that he was not the father would he still be responsible fort he child? Again, I dont want to make this seem like it's all about money. We just want to know of the child is his and if the child isnt his then we want to move on and have her (the ex) out of our lives.

    Leave a comment:


  • demartian
    replied
    Originally posted by rebwim76 View Post
    The judge is reserving visitation until paternity is proven is disproven for my boyfriend. It just seemed sketchy to me that she wouldnt let him see the child; has been refusing paternity testing since the day the child was born; has stated that the child isnt his; and she even asked him to sign away his paternal rights without a test.
    She asked him to terminate his parental rights? Does she have someone else that she is looking to have adopt the child? Something defenitely does not sound right.

    Leave a comment:


  • mommyof4
    replied
    Originally posted by rebwim76 View Post
    Let's just say that she's had some substance abuse problems and there's at least one episode that she had sex with someone and didnt remember it. What if she doesnt know who the father is but the paternity test shows that my boyfriend is not the father?

    The judge is reserving visitation until paternity is proven is disproven for my boyfriend. It just seemed sketchy to me that she wouldnt let him see the child; has been refusing paternity testing since the day the child was born; has stated that the child isnt his; and she even asked him to sign away his paternal rights without a test.

    Thanks for the help and the answers This has been the most helpful site that I've found.
    I do have to say that if there are already proceeding to challenge paternity, it is likely that CSE will NOT order child support until those results are back.

    It's going to be tough to disestablish paternity if there is no possible father in the picture. A court does not like to leave a child without a legal father. Is there any way he might be able to narrow it down?

    Leave a comment:


  • rebwim76
    replied
    Originally posted by mommyof4 View Post
    Okay, those are legitimate grounds. For more evidence, can he show that he was not with her at or near the time of conception? Does he know who the father is? This sounds horrible, but...does she know who the father is? Patenity will HAVE to established before a court will let him disestablish HIS paternity.

    As to the visitation (or lack thereof), if there is no court order granting him visitation, she is under no legal obligation to allow it. Sorry. It sucks and she doesn't sound like the nicest person in the world. I hope it works out.

    Let's just say that she's had some substance abuse problems and there's at least one episode that she had sex with someone and didnt remember it. What if she doesnt know who the father is but the paternity test shows that my boyfriend is not the father?

    The judge is reserving visitation until paternity is proven is disproven for my boyfriend. It just seemed sketchy to me that she wouldnt let him see the child; has been refusing paternity testing since the day the child was born; has stated that the child isnt his; and she even asked him to sign away his paternal rights without a test.

    Thanks for the help and the answers This has been the most helpful site that I've found.

    Leave a comment:


  • demartian
    replied
    He can just file for visitation in the court where the child resides. Most people don't realize that they must file for visitation and that it doesn't need to cost an arm and a leg. I wish that information was more readily available to people.

    Leave a comment:


  • mommyof4
    replied
    Originally posted by rebwim76 View Post
    He is sending over $500 per month to the her-it's what JAG told him to send per BAH guidelines. For a few months he was sending over $1000 per month. It's not that he's not supporting the child or that he doesnt want to support the child.

    She and he will have to provide all financial information when CSE is determining the child support. As he is already contributing so much to the support, I doubt there will be much more awarded. Even so, it will most likely be a temporary order until the divorce is final.

    Reasons that he's contesting paternity-she has stated to him that the child is not his; she did not give the child his last name; and she's refusing a court ordered paternity test. Also, she's also refused to let him see the child when he's been in the state of CA-we live in GA.
    Okay, those are legitimate grounds. For more evidence, can he show that he was not with her at or near the time of conception? Does he know who the father is? This sounds horrible, but...does she know who the father is? Patenity will HAVE to established before a court will let him disestablish HIS paternity.

    As to the visitation (or lack thereof), if there is no court order granting him visitation, she is under no legal obligation to allow it. Sorry. It sucks and she doesn't sound like the nicest person in the world. I hope it works out.

    Leave a comment:


  • rebwim76
    replied
    He is sending over $500 per month to the her-it's what JAG told him to send per BAH guidelines. For a few months he was sending over $1000 per month. It's not that he's not supporting the child or that he doesnt want to support the child.

    Reasons that he's contesting paternity-she has stated to him that the child is not his; she did not give the child his last name; and she's refusing a court ordered paternity test. Also, she's also refused to let him see the child when he's been in the state of CA-we live in GA.

    I should also add that no child support has been ordered. The only court order is for her to submit the child to a paternity test.
    Last edited by rebwim76; 01-12-2007, 06:18 PM.

    Leave a comment:


  • mommyof4
    replied
    Originally posted by rebwim76 View Post
    My boyfriend is in the middle of a not so fun divorce. Long story short, he's presumptive legal father but is contesting paternity and she (soon to be ex wife) wont do a test. He's in the military and has been paying her the portion of the BAH (housing allowance) that she's entitled to but she's trying to say that he owes child support and has actually filed a child support suit with the CA DA's office. Can she do that? I thought that child support came once the divorce was final.
    Yes, she can do that. The child deserves to supported by both parents, no matter what the state of the marriage.

    What grounds does he have to disestablish paternity?

    Leave a comment:

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