Q: I got a 2003 Motion to support case against me. I wasn't there or even knew about it.
My wife found child support CSSD and they only sent me the judgement. Nothing else. I found out it was my mom who opened in 2003. She pretended to be the girl and reopened it for her gain. My mom knew the child wasn't mine because I found out it is my dad's and my mom is covering it to blame me. I wanted DNA to prove it and that's why she went that way so I wouldn't. And she even said in front of my wife and myself I will not find out what she has done to this case. 2) said I will get you friend to write another letter for the court ( meaning the case in 2003) that is fraudulent. My wife gas been my best friend for over 35 years and written almost everything that went on from the 90s until now. 3) I don't need a DNA test I just need to pay it. 4) Gas lighting to make me believe it was mine. She lied to me my whole life. She knows I never did nothing with this girl ( who was 15 at the time she gotten pregnant by my dad) we caught them in his truck. My mom said she knows. Help
A:
In California, if you are facing a child support case based on false information or identity fraud, it's important to take immediate legal action. The complexity of your situation, involving potential identity fraud by a family member, requires careful navigation.
Firstly, gather all relevant evidence, including any statements or admissions made by your mother or others involved. This evidence can be critical in proving that the child support claim was fraudulently filed or based on false information.
You have the right to request a DNA test to establish paternity. In cases where paternity is in doubt, California courts typically allow for DNA testing to determine if you are indeed the biological father. Given the circumstances, this step seems essential.
File a motion in the court that issued the child support order to contest the judgment. Explain the situation, present your evidence, and request a paternity test. The court will review the case and can order a DNA test if deemed necessary.
It’s also advisable to contact an attorney experienced in family law. They can guide you through the legal process, help gather and present evidence, and represent you in court. Given the seriousness of the allegations and the potential legal implications, professional legal assistance is crucial.
Act quickly to address this situation, as delays can complicate the case and affect your legal rights and obligations.
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