Has the Governator dodged Mildred Baena's child support bullet?

Most certified family law attorney’s agree, the former governor’s “Love Child” is not necessarily entitled to share in his lavish lifestyle.

Although the former governor and successful actor, Arnold Schwarzenegger, can certainly afford to provide a luxurious standard of living for the son he fathered with former housekeeper, Mildred Baena, under California law he is not legally obligated to do so.

Family Code Section 7540 states that a child born to a woman who is married and living with her husband, who is not sterile or impotent, is conclusively presumed to be the father of that child.  The only exception to this rule is found in Family Code 7541 which requires that an action for paternity may be brought under certain circumstances to name another man the father of the child.  However, that action must be brought within two years of the child’s birth.

It appears that, since Schwarzenegger’s child is ten years old, and no action was filed prior to the child’s second birthday, the housekeeper’s husband is conclusively the child’s legal father. Even if he was unaware that Schwarzenegger was the biological father of the child, he is the child’s legal father and will be responsible for that child’s support until the child reaches the age of 18.