Legal Question in Family Law in California

Child Support for kid who does not have your last name?

Son got involved with girl who left her husband, they were together for few months and she became pregnant but went back to her husband. My son had no contact with her, then baby was born and she gave baby husbands last name. When baby was almost 2 months she contacted my son and moved in with him for a few months but then went back to husband. This girl has a kid from 4 different men and since she gave baby husbands name and since they were still legally married..should my son be responsible to pay child support?


Asked on 11/04/03, 11:33 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Child Support for kid who does not have your last name?

The husband is the presumptive father of the child and unless he consents a child support action cannot be brought against your son.

That is a very general rule with many exceptions. It is possible, but the answer to your question is so confusing or complex that most attorneys would need to review the statutes and case law, with the specific facts in order to give you a good answer. The bottom line is that until a child support action is brought against your son he does not have to pay child support. Good Luck, Pat McCrary

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Answered on 11/05/03, 10:08 am


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