Family Forum / Parenting / Parenting / June 2004

I suggest you get a DNA test done on the son.  You can find numerous DNA
testing services in a 5 minute google search.  Since you weren't close
enough to even know she was pregnant, and her folks weren't either,
there is a VERY good chance that she was f.cking several other men and
you are just the sucker she hooked.  Several reasons. 1.  The boy has a
right to know his real father, whether it's you or someone else.  2.
Paternity fraud is rampant in California.  The laws on paternity fraud
have been in some flux in CA.  The former governor vetoed a paternity
fraud law shortly before the voters booted him out.

Generally the mother's other husband and other children are not
considered in slavery cases (child support)  The state gets paid by the
federal government for processing your payments, so they are very
unfriendly to reasons to stop.

If you go back to court they are likely to raise your payments.  Best
leave sleeping dogs lie unless the DNA test comes back no match.

Bob

It sounds as though you did have dna testing done.  they did do dna 10 yrs
ago.  has everybody forgotton the oj simpson trial and the dna evidence
and testimony? that was 10 years ago.
also note paternity tests will never be 100%. If yours came back at
anything over 98% you are the father.
The issue that your child's mother is still recieving welfare checks from
the county is a concern.  That is fraud if she is using her parents
address and her maiden name to receive payments from the Dept. of Social
Services (DSS).
This is where your money is going.  It is paying the state back for money
she is receiving from the state and if it isn't then that could come back
to haunt you later and the state could possibly make you pay this back.
(no this is not always fair)
If your child's mother is currently married and working that also is a
fraud issue if she is still recieving money from the county or state.
Although the DSS should have her SSN on file and should catch these
discrepancies it doesn't always happen.  You can call the DSS office and
report this information to them.  However if it were me i would do it
anonymously because a lot of the times if DSS knows you have a personal
interest in the case or think you are an ex they don't investigate the
call as seriously. (sad but true)
If your son wants to live with you a lot of the time a judge will consider
the child's request if they are over the age of about 12yrs old, may vary
depending on different states. But if mom doesn't agree this could be
costly for you also.  
Now about your child support owed based on your income.  
Only your income and the child's mother's income should be used for
determing your support owed.  Yes you should be given credit for any other
biological children you support and any extra expenses you are paying for
your son with this ex depending on what the state of Calif. will allow to
be considered as an expense for the child's needs. However if you and mom
are both making a considerable amount more of income this could very
probally increase the payment you are currently making.  Remember the
courts do not consider your personal expenses such as car payments and
such as they state you can lower your standard of living to pay your
support.  Lastly note that a lot of courts have a mediation unit that you
and mom can go to if the two of you can agree on an amount of support on a
monthly basis.  Also if you have the child over a certain amount of days
thru the year you should receive credit against the monthly support owed
for the time the child is with you in your home and being supported by you
when he is physically with you.
If it were me I think I would at least consult an attorney
since there are a lot of issues to consider.
Hope this is of help.  

No problemo!

EH??????????  You and the county have both been robbed, basically.

Don't know about CA, but in most places it does.

Fraud, plain and simple.  She could be in deep doo-doo if they find out
she's been receiving double payments this whole time.  How old is your son?

You should apply for a modification though, and let them know she's
remarried and moved, etc.

Not in most places.  I've remarried and have 2 kids myself, and they don't
give a rip how many kids I have now.

short