15
Nov

In County of Riverside v. Estabrook (2019) 30 Cal.App.5th 1144 , the Court of Appeals addressed many issues involving parentage and child support. The Child Support Services Department (“CSSD”) sought a child support order and genetic testing against an alleged father. The alleged father objected and raised the marital presumption of paternity as his defense. The marital presumption, Family Code §7540, provides that a husband is presumed to be the father where there is substantial evidence that the child was conceived when the mother was married and cohabiting with him, who is neither impotent nor sterile, unless some exception applies. The alleged father argued that since the mother was living with her husband at the time the child was conceived, he is not the father pursuant to the legal presumption.

Following the trial’s court finding that the marital presumption applied and the alleged father is not responsible for child support, the Court of Appeals struck it down. The Court of Appeals held that genetic testing for child support purposes is mandatory when either the alleged father or the CSSD requested it. The Court further found that there was insufficient evidence to find that the marital presumption applies where the only evidence put forth were declarations by the alleged father and his attorney stating that the mother was married and cohabiting with her husband at the time the child was conceived.

Parentage issues and child support are often intertwined and can greatly affect your custodial and pecuniary rights for years to come. At Regal Law & Mediation, we understand the implications of these intersecting issues and are armed with up-to-date knowledge to advocate and protect your rights.