Legal Question in Family Law in California

California case: If I file to establish parental relations, which will include DNA testing, custody, and visitation, when does child support become effective (when does it start)? What if it takes several months to get into court to conduct DNA testing, and establish a parenting plan, upon finding of paternity, if the other party (the mother who has custody be default) procrastinates the case though continuances? Will child support be calculated from the time the paper work is initially filed to petition for parental relations, or from the time DNA is confirmed, or from the time a parenting plan is formally established? How many months does this take, typically? Will child support be based on zero time share until a parenting plan is established?


Asked on 9/21/12, 11:37 am

1 Answer from Attorneys

Child support is generally ordered from the date a pleading requesting it is filed. The amount will be determined based on the custodial time from when the pleading is filed until the order. If, at the time of the order, a new custody schedule is established, then support will be recalculated based on the new schedule. The alleged father can request temporary custodial time, if the court is persuaded that it is very likely that the DNA will come back saying he is the father. That is a very fact-based determination, however. You really should have an attorney advising you in person on this. Many Family Law attorneys, myself includes, offer "limited scope representation," in which we only do specific tasks, or just consult on the case, rather than taking it over and representing you for the entire matter. You should look into that.

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Answered on 9/21/12, 12:42 pm


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