You have an "estoppel" problem. (Google that word for a legal definition.) It appears from your description of the problem that when you divorced the child's mother, you didn't disavow paternity. It appears that you let a divorce decree happen stating that you are the father. The court isn't so much interested in "you," but instead is more interested in the child's interests, and in the state's interests, in this situation. Both the child and the state need your child support check! Divorce courts are referred to as "courts of equity," and it is said that: "Equity aids the vigilant; not those who slumber on their rights."
Answered on Jul 09th, 2014 at 9:12 AM