How can I stop paying child support for a child that may not be mine? 1 Answers as of August 03, 2011In 2007 my Now boyfriend was living with a woman at the time who claimed she was on birth control & denied any sort of preganancy during the time they were together. They broke up & didnt have contact with each other until 9 months- The now mother called my boyfriend the night the baby was born & told him "thier" child will have his last name & he will be responsible for child support. However he was NEVER informed of her pregancy. During the time of theyre break up he lost his job and didnt have any sort of income & was paying the mother whatever amount he could as long as she allowed him DNA to proove whether he is or isnt the father. Til this day she denies him this oppertunity to do so... At this point what are the options to allow an oppertunity to proove he is not the father?
Law Office of Patricia Van Haren | Patricia Van Haren
At anytime in the first two years of the child's life, he would have been able to file a paternity action to prove that he is not the father of the child. If he is not on the birth certificate (which he should not be if he did not sign any documents), he may cease payment of support immediately. The mother would then need to file a paternity action. Unfortunately since he has been paying for several years, it will be difficult for him to allege that he is not the father and the court may consider his payment as a voluntary recognition of his paternity. He should immediately retain an attorney and cease all payments until there is a court order for paternity or child support.
Answer Applies to: California