QUESTION: Does a father have to pay child support if a baby has not been legitimized? The father was working at one time, and gave the mother money. However, now he is unemployed, and trying to go to a technical school.
MY RESPONSE:
Under California law, all children are legitimate.
I think that you mean that there has not been a Paternity case filed.
The law requires parents to support their children.
If you are sure that the child is yours but there is no Child Support order, you should do your best to support your child.
If you are not sure whether the child is yours, submit to a Paternity DNA test to find out.
Child Support is based on the father's income, the mother's income, and the father's percentage of custodial timeshare.
If you are unemployed, your unemployment benefits(if any) are considered to be your income.
If you have no income, you will likely have no Child Support obligation.
However, if you had a Child Support obligation as a result of a Child Support Agency case (or a Paternity case), you would need to file an Order to Show Cause (OSC) to modify Child Support, because the modification would not be retroactive to a date prior to the filing of that OSC.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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