Q. Who is responsible to pay child support in California?

A.  As used in the California Family Code, "child support" is an obligation owing on behalf of a child or an amount owing to a county for reimbursement of public assistance paid on behalf of a child. The concept also includes past due support and arrears, and includes maintenance and education. Parents have an equal responsibility to support their child in the manner suitable to the child's circumstances.  Family Code section 3900.

Q. Do grandparents owe child support?

A. Grandparents have no legal duty to support grandchildren, except in cases where they have a right to actual physical custody or court ordered visitation.

Q. What if I wasn't married to the Mother?

A. If you are the biological parent or otherwise become the legal parent of a child, you have a duty of support. However, it does need to be established that you are the bio dad or a legal or de facto parent before support can be ordered. In cases involving unmarried parents, this is typically accomplished through a [VDP Voluntary Declaration of Paternity] per FC section 7573. Often the DCSS (Department of Child Support Services) or other LCSA (local child support agency) files a paternity action to establish support for a mother who has requested support enforcement services or is receiving county aid.

If you are never identified as the bio parent for a child, you will not be found to owe support absent due process. However, you if you know are the parent but fail or refuse to support your child, you may have committed a crime.

Q. What if my parental rights have been terminated by the juvenile or family courts?

A. Parents whose parental rights have been terminated by court degree, or whose children have been adopted out, cease to have a support obligation (although they may continue to owe support for prior periods) as to those child after the date of the decree.

Also, there is no support obligation for an emancipated minor child.  But a child who has been emancipated by court order can become unemancipated upon their own application, or upon the county's application, if they are considered indigent and unable to care for themselves.

Q. What if my new spouse owes child support? Is this my responsibility?

A. The community property is liable to pay support debts predating your marriage, but there is a right of reimbursement.  Indeed, the community liable for all separate debts of either spouse. However, there is a specific right of reimbursement in qualifying situation as set forth in FC section 915.

Q. Who enforces child support?

A. A parent can enforce it. A guardian can enforce it. The county on behalf of the child can enforce it, and can enforce it on its own behalf to be reimbursed for monies paid to another on behalf of the child.  

Q. How are out of state child support orders enforced?

A. These are enforced pursuant to the Uniform Interstate Family Support Act. 

Q. What if my parents have been supporting my kids while I was in rehab?

A. You have no obligation to reimburse them absent either (a) an agreement to do so, (b) an existing court order to do so; or (c) the county has provided benefits, in which case the reimbursement is to the county.  FC section 3951.

Likewise, you have no obligation to reimburse the other parent absent one of the above.

Q.  My girlfriend is having our baby in September, but I don't know if I am the dad.  I really care about her but a friend told me that I need to be careful because if I go to the hospital with her, I have to pay support no matter what.  Is this true?  What is she files a paternity action?

Keith S.

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Keith:

California law encourages hospitals to get a signed Voluntary Declaration of Paternity ("VDOP") from the male who appears to be a parent at a time when a mother gives birth. This is something that is presented to proud fathers at the time of a child's birth, along with information about legal obligations, and that they are asked to sign.  There may be a lot of guilt and confusion going on at this time. Hopefully there is simply pride.

The public policy is that the State wants to identify biological fathers early on, and to encourage them to step up to the plate both financially and in terms of providing emotional parenting to children. It is also assumed the male who shows up for the birth is most likely the bio dad, and that the parties know it. Obviously, it is not always true and sometimes a man does not turn out to be the actual father. Sometimes he believes he is, and sometimes he is told he is.

Children need their biological parents; this is  critically important. Any bio parent who shirks his responsibility out of financial or emotional selfishness lacks integrity, and their decision has serious consequences on other lives that a true parent will recognize and regret one day, unless they are a sociopath or lack any conscience.

BUT the signing of a VDOP has serious important legal consequences. It is equivalent to a Judgment of Paternity, which may only be set aside for a limited time. While children deserve parents, whether a man that has sex with a mother before a child is born should be determined based only upon that, and their sense of moral responsibility, and therefore to be adjudged a responsible parent also raises integrity and fairness questions in favor of the alleged parent. California law on this subject means well, and may statistically result in the proper outcome more times than not, in my view innocent men who turn out not to be biological parents have rights too. The law says so too, and the question becomes whether you or not you waive your rights to object in a timely fashion.

So, please understand, if you sign a voluntary declaration of paternity next month, you may be adjudicated the legal father of this child regardless whether you are the bio parent. That has privileges and it has burdens. You will have the privilege (assuming the mother does not challenge you before two years after the child's birth) of being a "legal parent" whatever the DNA turns out to be, including rights to custody, visitation, companionship, etc. You will also have the legal financial burdens which I describe under my support obligations FAQ's. For a long, long time, and even possibly forever. 

Family Code section 7573 establishes the effect of a VDOP.   Section 7575 allows you to rescind that declaration but only if you do so within 60 days after birth of the child. Otherwise, after birth, you have a 2 year window to seek paternity DNA testing and an order that you are not, in fact, the bio-dad. The court has discretion to find you are the de facto parent even if you are not bio-dad, however, so even if DNA is conclusive and you are not otherwise the father - absent another man ready, willing, and able to step up, you may find yourself stuck.

These are weighty matters.  In my experience, and in most judge's experiences, woman know who the dad is. Still, there are many reasons why a mother might lie - even including trying to insure that some bad person is never adjudicated the dad. I would never judge your girlfriend and have no opinion on what your status truly is.

So, do what your heart tells you you are the dad, fine. But consider getting DNA testing immediately before you, or the child and you, form any attachments and that way there will never be any question - nor any need to hire me to dispute paternity! 

Best of luck and, hopefully, congratulations!