Does child support services automatically ask for paternity test even when parents were married?

Asked 6 months ago - Los Angeles, CA

I was doing a search of my ex-husband's record on the court site and saw "Complaint DA - Paternity" was filed against him last week. I opened a case with Child Support Services last month. We were married for 10 years and the children are clearly his, that's never been a question. Do they automatically order a Paternity test with every case or is it possible he is is denying paternity to avoid or drag out the process?

Attorney answers (3)

  1. Alexandra Rachel Lavinsky

    Pro

    Contributor Level 12

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    Answered . Based on the facts above there is nothing to indicate a paternity test is requested. The Petition in child support proceedings that are brought by the Child Support Services (CSS), if outside of an already filed dissolution, are based upon the filing of the Petition pursuant to family code 7630, et seq. The reference you wre seeing to "complaint DA-Paternity" may have been in reference to the FL-200 Form (http://www.courts.ca.gov/documents/fl200.pdf) used in this situation by child support services. To quell your worries you should call the worker assigned to the case.

    The information and material are provided for general informational purposes only and are not intended to be legal... more
  2. Bernal Peter Ojeda

    Contributor Level 11

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    Lawyer agrees

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    Answered . Assuming there is no other type of related case, for example a dissolution, then the County files a complaint to establish the legal relationship between the parent and child. That legal relationship needs to be established in order to enforce the obligation to pay child support. Paternity isn't really the issue, if the kids were born during marriage a presumption of paternity applies under Family Code 7611.

  3. Edna Carroll Straus

    Contributor Level 18

    Answered . Sounds like there's another child out there. The DA files when a child is on state aid. He may have been excluded, if this is not recent.

    All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts... more

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