Asked in Family Law and Child Support for California

Q: Child support has been garnishing money from me I wanted to know how that was possible if I wasn't married to my ex or

My Name not even being on the birth certificate as the father or my kid having my last name

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2 Lawyer Answers

A: None of the things you mention (e.g. married to the mom, kid having your last name, etc) matter. If the kid is biologically yours, then you have to pay child support. If you or your lawyer can think of some way to not pay child support for a kid that is biologically yours and you can convince a judge of this, then perhaps you can get child support stopped.

A: The Department of Child Support Services filed with the court and obtained court orders. If you were not involved in the court process for whatever reason, you should look into obtaining a DNA test if you still have time to do so. It's irrelevant that you were never married nor have the same last name of the child; nor being on the birth certificate.

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