Legal Question in Family Law in California

What happens during a child support hearing? My baby was conceived when I was raped by a friend who I was talking to at the time. I didn't report it, because I was confused and hurt about what had happened. I didn't really know what to do, or how to handle the situation. After finding out I was pregnant, I started finding out a lot of things about him, and realized he was not a good person. I ended up filing for child support against him.

He denies the child as his, so we just got through with a DNA test. Our next step is the child support hearing and I'm terrified to see him. I know it is too late to report the rape, but I'm curious about what will happen in court. Will I have to be around him for long, or speak to him? He doesn't have a job, so I probably wont get any money for child support, so what will happen?


Asked on 10/04/12, 11:56 am

1 Answer from Attorneys

Michael Schneider Family Law Center

At the child support hearing, usually, you will be asked how much time he spends with the child. Then you need to make sure you have recent pay stubs with you as well as proof of any and all daycare you need so that you can work. He will be asked similar questions. Even though he has no reported income, the court may make an order against him with the presumption that there is no reason he cannot get at least a minimum wage paying job. After you are done with court, you can ask the court for an escort back to your car. You should not really have to speak with him at all. Just direct all your comments to the judge, or hearing officer or child support attorney, depending on where your case is being heard. Good luck!

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Answered on 10/04/12, 12:02 pm


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