My husband was 19 and the girl was 15 when this happened. From what he told me, they were partying that night (not sure if they were in the same party) and he got drunk and went home to sleep. The girl then came over to his house and wanted to have intercourse, but he said no, he never really liked her. But it did happen, and 8 months later she told him she's pregnant, and that she didn't really know. Given the girl's history, he asked if she's sure the baby's his, and she said yes, that the timing was right. Now that the girl is on welfare, they automatically charge my husband with child support but since he doesn't have income he hasn't paid it. He also wants to do a paternity test, but was wondering how this would work, since she was 15 at that time. It's been 4 years since it happened, and for a while, they did have consensual sex.

He will need to file a motion with the court contesting the paternity judgement and the court should order genetic testing which he may have to pay for himself. If he received a declaration of paternity from child support services and did not contest it, they would automatically assume paternity and child support would be ordered. If he signed a declaration of paternity, he can rescind or cancel it. The form for this is located on the web at California Department of Child Support Services

It appears there is help available in the courts if you can not afford an attorney. All courts in California have an attorney present who can help with family law issues for free. These lawyers are called "Family Law Facilitators". The facilitators can not become your attorney, but they can assist with forms, legal motions and in other ways. They can get you information on referral services, legal aid clinics and self help law centers.

California Courts Self Help Center

Read the law below. It describes the circumstances and time limits for contesting paternity. If there is any doubt what-so-ever that he is the biological father he should have genetic testing done to determine it one way or the other. Otherwise, he will be responsible for child support until the child reaches 18 and possibly longer if the child goes to college.

He may want to speak with a criminal attorney about another area of law. This is regarding 261.5 Unlawful sexual intercourse with a minor. If the mother just recently named him the child's father, that could be the reason this law hasn't caught up to him yet. It may catch up to him very soon, especially if he is not paying child support and not contesting paternity. There is potential for criminal charges under 261.5, as well as, civil monetary penalties if convicted.

California law for vacating a judgement establishing paternity and the time limits

FAMILY.CODE SECTION 7645-7649.5
7646. (a) Notwithstanding any other provision of law, a judgment
establishing paternity may be set aside or vacated upon a motion by
the previously established mother of a child, the previously
established father of a child, the child, or the legal representative
of any of these persons if genetic testing indicates that the
previously established father of a child is not the biological father
of the child. The motion shall be brought within one of the
following time periods:
(1) Within a two-year period commencing with the date on which the
previously established father knew or should have known of a
judgment that established him as the father of the child or
commencing with the date the previously established father knew or
should have known of the existence of an action to adjudicate the
issue of paternity, whichever is first, except as provided in
paragraph (2) or (3) of this subdivision.
(2) Within a two-year period commencing with the date of the child'
s birth if paternity was established by a voluntary declaration of
paternity. Nothing in this paragraph shall bar any rights under
subdivision (c) of Section 7575.
(3) In the case of any previously established father who is the
legal father as a result of a default judgment as of the effective
date of this section, within a two-year period commencing with the
enactment of this section.
(b) Subdivision (a) does not apply if the child is presumed to be
a child of a marriage pursuant to Section 7540.