Common Questions Asked About Child Support

If you are divorced or going through a divorce, the topic near at the top of the agenda is going to be child support, unless of course you don’t have children.  The issue of child support is complicated when some partners are unwilling to pay. In certain circumstances, the partner with primary custody of the children might not know their full rights concerning child support. Here is a list of answers to questions clarifying when the partner is entitled for child support:

1.     “I am pregnant and getting divorced, am I eligible for child support?”

It’s rare for pregnant women to separate from their spouse, but it does happen.  File for child support as soon after the child’s birth as possible.  Your spouse is also liable to pay one-half of the child’s medical expenses not covered or reimbursed by insurance.

2.     “I was married for a short time, but found out I was pregnant, now he’s says the baby isn’t his, but I know it is, so can I make him pay child support?

If a man is married and his wife has a child during marriage, he is legally presumed to be the father unless proven otherwise.  If your spouse declines to pay child support or tells you that the baby isn’t his, the only way for him to fight that legal presumption is to seek a genetic DNA test to prove parentage.  If the DNA matches with your child, the legal presumption is confirmed as fact.  However, if there is no DNA match, the husband has legal ground to fight against paying for child support.

3.     We share the custody of our kids and are separated, not divorced, but my partner’s name is not on the birth certificate nor is there a court order in place. Can I still file for child support?

If your partner and you have a mutual understanding to share custody of the kids, that’s great, but in order for your partner to pay child support, you need to file for it. The better option is to go to a divorce mediator to make a settlement agreement, which includes child support. The mediator can also tell you about the state’s laws regarding the payments.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.