If you are taking care of a child and the other parent of the child is not providing financial support for that child, then you may be wondering what your options are in California for seeking child support. Oftentimes, child support is awarded as part of a divorce proceedings or around the time the child is born, but a parent may not have pursued child support for any number or reasons, such as:
- Not being sure of the identity of the father
- Not knowing the location of the other parent
- Avoiding tension with the other parent
- Confusion or complication in following through on the procedures to obtain child support
- No perceived financial need for child support
- The other parent claiming to have no means to provide support
- The other parent had voluntarily provided support without a court order
Whatever the reason may have been for not initially seeking a child support order, you may be in a position now where you do want to pursue the child support order that should rightfully be obtained under the laws of California and wondering whether it is too late to seek a child support order. The good news is that there is no “statute of limitations” on pursuing a child support order (assuming the child is still a minor), but you should act as quickly as possible in obtaining one.
When Child Support is Owed
A parent has a duty to provide for the support of his or her child in California until the child reaches the age of 19 or graduates high school, whichever happens first. You may seek child support from the other parent even if they live outside of the country. Child support will only be awarded retroactive to the date of the filing of the motion, so if you wait until your child is 17 to file for child support, then the other parent will only be required to pay child support for roughly a year.
It is important to understand that child support will be awarded based on the earning potential of the other parent, not on their current income, so you should not be dissuaded from seeking child support from a parent who is not working at their income potential.
Establishing Paternity
If the child was not born during a marriage to the man you are seeking child support from, then you will be required to establish paternity first before child support will be awarded. If the father is willing to sign a voluntary declaration of paternity, this will suffice, but, if not, then you will need to file a paternity action requiring the father to submit to tests showing that he is indeed the father. Once paternity is established, the court can then order child support to be paid.
Help is Here for Your Child Support Claim
At The Law Office of Kelley C. Finan, we help parents do whatever it takes to obtain the child support orders and payments their children need, including pursuing paternity actions and seeking modification of existing child support orders. Contact our office today to see how we can help y