How to Vacate a Wrongful Child Support Judgment

Paternity cases carry enormous weight in family law because they affect both the rights of children and the responsibilities of parents. A court ruling on paternity not only determines legal fatherhood but also sets long-term obligations such as child support, custody, and visitation.

However, mistakes do occur. When a man is wrongly identified as a father, he may face years of financial and emotional hardship. Modern DNA testing has helped expose these errors, but legal procedures and statutory deadlines often make overturning old judgments difficult.

The following case study illustrates how the courts sometimes prioritize justice and fairness over rigid timelines, correcting a serious injustice in a default paternity judgment.

Case Background: The Initial Judgment

In a recent paternity case, justice prevailed over procedure. In 1996, the County filed a complaint to establish the paternity and child support of two minors who had been receiving public assistance. The County attempted substituted service of the complaint by leaving a copy of the complaint addressed to “Jane Doe” at the appellant’s address. Appellant failed to respond to the complaint, and the County entered judgment by default, establishing appellant’s paternity of the two minors and ordering him to pay monthly child support.

Motion to Set Aside the Judgment

Five years after the entry of the default judgment, the appellant filed a motion to set aside the judgment, claiming that he never received a copy of the initial complaint or a copy of the default judgment. In support of his motion, he noted that recent blood tests had conclusively proven that he was not the minors’ father. The appellant never had a relationship with the minors and always denied paternity.

The County opposed the motion, correctly pointing out that the time to set aside a default judgment had expired pursuant to the governing statute, which sets forth a six-month time period within which a motion to set aside default must be brought.

Court’s Decision: Correcting a Profound Mistake

In a surprising twist, the court granted the motion to vacate a default judgment. Normally, the policy of finality of judgments and the governing statute provide a procedural shield from such a challenge to the default judgment. However, the court recognized that a profound mistake had been made when the appellant was deemed the father of minors who were not his, and therefore liable for the support of the children. In this recognition, the court valued the importance of correcting such a profound mistake over the strict application of the law.

In its opinion, the court cited the following portion of the Child Support Enforcement Fairness Act of 2000:
“It is the moral, legal, and ethical obligation of all enforcement agencies to take prompt action to recognize those cases where a person is mistakenly identified as a support obligor to minimize the harm and correct any injustice to that person.”

Legal Context: Understanding Default Judgments in Paternity Cases

A default judgment occurs when a party does not respond to a legal complaint. In paternity cases, this can lead to:

• Being legally declared a father without biological proof.
• Imposition of child support obligations.
• Wage garnishment and tax refund interception.
• Difficulty contesting the judgment later.

The principle of res judicata, the finality of judgments, normally prevents reopening such cases. Courts value stability and closure. However, as this case illustrates, exceptions are possible when due process rights (such as the right to receive proper notice) or new, conclusive evidence are at issue.

Statutory Deadlines and Their Exceptions

Under most state laws, including California’s Family Code, a motion to vacate a default judgment must be filed within six months. After that, the opportunity typically closes.

However, exceptions exist in rare but important circumstances:

• Fraud or Mistake: If the judgment was based on false information or a fundamental error.
• Lack of Notice: If the alleged father was never properly served with the complaint.
• DNA Evidence: When scientific testing proves non-paternity, some courts consider equity and fairness grounds.
• Child Support Enforcement Fairness Act of 2000: Encourages agencies to correct wrongful obligations.

These exceptions are narrow, but they provide a lifeline in cases where rigid application of the statute of limitations would perpetuate an injustice.

The Role of DNA Testing in Modern Family Law

DNA testing changed the landscape of paternity law. Before its widespread use, determinations often rested on presumptions or circumstantial evidence. Today, testing can establish or exclude paternity with near certainty.

• In the late 1990s, testing became more common, though not universally accessible.
• The Child Support Enforcement Fairness Act of 2000 incorporated recognition of DNA evidence into enforcement practices.
• In 2025, DNA testing is considered a standard, quick, and affordable method, thereby strengthening the ability to challenge wrongful judgments.

By comparing the legal environment of 1996, the reforms of 2000, and today’s framework, one can see a clear evolution toward greater fairness and scientific accuracy.

Vacating vs. Modifying vs. Appealing Judgments

It is important to distinguish between the remedies available in paternity and child support cases:

• Vacating a Judgment: Cancels the original decision, often through a motion to set aside.
• Modifying a Judgment: Adjusts ongoing obligations, such as reducing child support payments.
• Appealing a Judgment: Requests a higher court to review the lower court’s ruling for errors.

Each path carries its own requirements, deadlines, and consequences. Failing to choose the correct remedy can delay justice or result in the loss of rights.

Consequences of Not Challenging Wrongful Paternity

If a wrongful judgment remains in place:

• The individual remains liable for ongoing support.
• Past-due obligations (arrears) continue to grow, even if the man is not the biological father.
• State enforcement agencies, such as California’s Department of Child Support Services (DCSS), may suspend a driver’s license, intercept wages, or damage credit.
• Emotional and financial burdens may affect future family stability.

This demonstrates why acting quickly and strategically is critical.

Practical Steps if You Are Wrongly Named as a Father

If you suspect or know that you are not the biological father but are subject to a child support order, you should:

1. Obtain DNA Testing: Independent or court-ordered testing can provide definitive proof.
2. Consult an Attorney: Family law attorneys understand statutory deadlines and equitable arguments.
3. File the Proper Motion: Depending on circumstances, this may be a motion to vacate, modify, or appeal.
4. Gather Supporting Evidence: Proof of lack of notice, mistaken identity, or DNA results can strengthen your case.
5. Act Quickly: Delay may close off options due to procedural deadlines.

While some fathers attempt to navigate these cases alone, legal counsel dramatically improves the likelihood of success.

Differences Across States

While this case arose in California, other states may treat paternity challenges differently. For example:

• Texas: Allows challenges up to one year after discovery of non-paternity.
• New York: Strongly enforces finality and may refuse late challenges absent extraordinary circumstances.
• Florida: Provides statutory procedures for establishing or disestablishing paternity using DNA evidence.

This variation highlights the importance of consulting counsel familiar with your jurisdiction’s specific rules.

Common Questions About Wrongful Paternity and Child Support

Can I challenge a paternity judgment after the six-month deadline has passed?

Yes, but only in limited circumstances. Courts sometimes allow late challenges if DNA evidence, lack of notice, or fraud are proven.

What if I never received notice of the complaint?

Failure to provide proper service may violate due process rights and can be grounds for vacating a judgment.

Does DNA testing automatically overturn child support orders?

No. DNA results must be presented in court, and the judge must grant the appropriate motion.

What is the Uniform Parentage Act (UPA)?

The UPA is a model law adopted in many states, including California, that provides procedures for establishing and challenging parentage, with an emphasis on genetic testing.

Can past child support payments be refunded?

Generally, no. Courts rarely order reimbursement of past payments, even if the judgment is overturned. Relief usually applies to future obligations.

Do I need a lawyer for this type of case?

While not legally required, navigating statutes, exceptions, and motions without professional guidance can be a risky endeavor. Experienced family law attorneys are highly recommended.

Get Legal Help from Reape Rickett

If you have been wrongly identified as a father or are struggling with child support obligations that do not reflect biological reality, professional guidance is essential. The attorneys at Reape Rickett focus exclusively on family law, bringing decades of experience to cases involving paternity, child support enforcement, and post-judgment relief.

We can assist you by:

• Filing motions to vacate or modify wrongful judgments.
• Using DNA evidence to correct mistakes.
• Protecting your due process rights.
• Navigating California’s Family Code and the Uniform Parentage Act.

Contact Reape Rickett today to schedule a confidential consultation and protect your future.