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

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?

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Attorney answers 3

Posted

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 stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. Ms. Straus provides “unbundled” services if you need specific assistance with a specific issue. I can be contacted if you put my name or Bar number, 110028, in the State Bar web site, or you can find me on LinkedIn or Google. Goggle E. Carroll Straus. If i seem right, proceed accordingly.

Edna Carroll Straus

Edna Carroll Straus

Posted

Oops I see its it's recent. Not your kids. His, maybe.

Asker

Posted

The complaint lists me as the defendant and Child Support Services as my attorney so I am pretty sure it's regarding our children.

Edna Carroll Straus

Edna Carroll Straus

Posted

Something is fishy. No, CPS does.not file unless pne parent has not supported a child. And they can't be representing you without you being in touch with them. Call them! There may be an error. Similar names?

Asker

Posted

This is not re: CPS, CPS is Child Protective Services. As stated in my original post, I opened a case with Child Support Services last month, not CPS.

Edna Carroll Straus

Edna Carroll Straus

Posted

Same answer.

Edna Carroll Straus

Edna Carroll Straus

Posted

I see YOU opened a case. So-- sorry I missed that-- YOU started this. No mystery here.

Asker

Posted

Yes, I opened the case with child support services. But I did not ask for a paternity test and paternity tests are not required in the case if the parents were married when the children were conceived, born, etc. So YES, this is mystery as to why the State of California is asking for paternity. My question was is it possible he is contesting saying he isn't there father?

Edna Carroll Straus

Edna Carroll Straus

Posted

Gee, why would he do that? You sicced DCSS on him! Yes I think he may have. Duh. Sorry-- every action has consequences. Equal and opposite and all that.

Asker

Posted

I wouldn't describe going through the proper legal channels as 'siccing'. These are children that were born 5 and 7 years into a 10+ year marriage. Children that looks nothing like me and look identical to him. Children that he has never denied as his own. Before I ask a question on this site, I do my best to search amongst already asked questions and answers given. I have seen many of your answers and for the most part your answers come across as rushed, condescending and insensitive. On many occasions it seems you haven't even read the poster's question thoroughly before answering. You lack of tact is completely apparent. People come here to ask for advice, not to be spoken to with such a lack of respect. Having a legal issue, especially having children involved and watching your children suffer, is heartbreaking, stressful and at sometimes you feel complete helpless. I am doing my best as a single mother to two very young children who was left high & dry without a penny and I came to this site for any advice I could get on the situation, not to be bullied by someone with such a lack of compassion and tact.

Edna Carroll Straus

Edna Carroll Straus

Posted

You want tact --PAY.

Posted

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 advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Posted

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.

Asker

Posted

I guess that's where the confusion is for me. We do have an open family law case (dissolution). The children were born 5 & 7 years into our marriage and he is on both birth certificates. Child support services is aware of the family law case, so I am wondering if my ex is saying he isn't their father in order to drag out the investigation (so he doesn't have to pay for now).

Bernal Peter Ojeda

Bernal Peter Ojeda

Posted

If there are no support orders in the dissolution case, County will file its own action. The County doesn't want to be a party in a dissolution. If there are support orders in the dissolution case generally the County enforces those by wage assignment, license suspension, tax intercept, liens, etc.

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