Legal Question in Family Law in California
Child Support for her daughter
They lived together for 7 years, have one child born in CA, Los Angeles, never married, he is a legal resident, not her.
Can she have any rights as far as getting him to pay her child support by taking him to court if required even though her status ?
3 Answers from Attorneys
Re: Child Support for her daughter
Status is irrelevant with respect to rights to child support, even if he (as well as she) was here illegally. She can collect through the D.A.'s office, the Bureau of Family Support. They will not question her status or detain her but in the event she is still afraid of that police entity, she can hire a private attorney. Unfortunately, she would need to establish paternity because of her unmarried status and then collect so she is looking at spending at least $2500 privately as opposed to the D.A. which is free. But she is definitely entitled and she is encouraged by the State to collect. The alternative is welfare and California doesn't like spending that money when the father should be paying. Phil Sheldon
Re: Child Support for her daughter
Her rights to receive child support do not depend on her residency status. She should see an attorney or the local court facilitators office. Good Luck, Pat McCrary
Reply: Child Support for her daughter
Yes. In California, both parents have an obligation to support their children.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net