Can a single parent claim support for the child born out of wedlock from the child’s father?
Full Question:
I am working as front desk usher at the Hyatt located in LA. I was in a relationship with a man whom I met at work. I happened to discover that he is a married man and has a family elsewhere. When I confronted him with facts that I had found out, he did not take it well. He cut off all ties with me. I haven’t been able to reach him. I also found out that I am pregnant with his child. My parents are not in a state to support me and the child. Is it possible for me to get child support from him?
11/16/2016 |
Category: Divorce » Child Support |
State: California |
#26815
Answer:
“(a) A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life.
(b) Both parents are mutually responsible for the support of their children.
(c) The guideline takes into account each parent's actual income and level of responsibility for the children.
(d) Each parent should pay for the support of the children according to his or her ability.
(e) The guideline seeks to place the interests of children as the state's top priority.
(f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of
the children.
(g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children's living standards in the two homes.
(h) The financial needs of the children should be met through private financial resources as much as possible.
(i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.
(j) The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.
(k) The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline
formula.
(l) Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared
to other states.”
The Cal Fam Code § 3900 also states that "...the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances." Further the Cal Fam Code § 3901 states the duration till which the child support shall continue. It states the following:
“(a) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.”
In every family case where the custody, visitation, or child support that is to be decided, establishing parentage is essential. If the parents were married when the child was born, establishing parentage is not a problem. In cases like the one at hand, when the parents are not wedded, establishing parentage is of prime importance so as to decide the question of child support.
In such a situation, the mother claiming child support from the child’s father has to initiate a “paternity case”. In a paternity case, it is the court that determines the child’s legal parents for the purpose of settling the child support issue. Once there is a court order or signing of an official Declaration of Paternity establishing parentage, the child becomes his responsibility and he shall be subjected to the provision laid down in Cal Fam Code § 3900, § 3901 and the guidelines of family code section 4053.
