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Do you need to file for child support? Are you wondering if you have an obligation to pay support? Do you have doubts that your child may not be yours biologically?
Per California Family Code section 3900, both parents of a minor child have a duty to support that child until the age of majority, or 18 years old, or if that child is 19 and still in high school. The duty extends to support their child “in the manner suitable to the child’s circumstances.” The duty to provide for your child is held equally by both the mother and father of the child and it is one of the highest duties of a parent, in that the statutory duty cannot be waived even if both parties agree. (Carr v. Marshmann (1983) 147 Cal.3d 1117.)
The duty of child support extends even to legally adopted children, given the creation of the child-parent relationship. With this responsibility, adoptive parents also are able to enjoy all other rights and responsibilities associated with the parent-child relationship.
Further, the marital status of the parents has no bearing on the child support duty; so whether the parents are married, separated, divorced, or the child was a result of a one-night-stand, the same legal obligation to support the child exists. However, before the child support obligation kicks in, determining the parentage may be necessary in your case.
If there is any doubt that a child may not be yours, a legal determination of parentage is key to the obligation to pay child support.
Per California Family Code section 3900, both parents of a minor child have a duty to support that child until the age of majority, or 18 years old, or if that child is 19 and still in high school. The duty extends to support their child “in the manner suitable to the child’s circumstances.” The duty to provide for your child is held equally by both the mother and father of the child and it is one of the highest duties of a parent, in that the statutory duty cannot be waived even if both parties agree. (Carr v. Marshmann (1983) 147 Cal.3d 1117.)
The duty of child support extends even to legally adopted children, given the creation of the child-parent relationship. With this responsibility, adoptive parents also are able to enjoy all other rights and responsibilities associated with the parent-child relationship.
Further, the marital status of the parents has no bearing on the child support duty; so whether the parents are married, separated, divorced, or the child was a result of a one-night-stand, the same legal obligation to support the child exists. However, before the child support obligation kicks in, determining the parentage may be necessary in your case.
If there is any doubt that a child may not be yours, a legal determination of parentage is key to the obligation to pay child support.
Call Now to Schedule a Free Consultation with an Experienced Spousal Support Lawyer
If you want further information on child support, including what is considered in the calculation of support, please contact our office. The attorneys at the Law Office of Taylor B. Warner, APLC handle childl support filings and modifications for men and women throughout the Inland Empire. Call the Law Offices of Taylor B. Warner now at 909-466-5575 to schedule a free, no obligation consultation regarding your matter. We work with clients at all courts in San Bernardino and Riverside Counties who face family legal matters, and we can provide you with all of the facts & information and discuss your options and potential strategy based on your situation and circumstances.