Legal Question in Family Law in California
Child support without marriage
His biological father never paid child support. I am Japanese. I have a one year old baby with an American. We are not married actually we did marry in CA Feb '01 however I found out he was still married his wife so I believe our marriage must be invalidity
He acknowledged my son as his one in Japan, however my son doesn't have American nationality yet. He is living in CA and I am living in Japan. I have an aunt in AZ. I am visiting her from Dec '02 to March '03 so I want to file child support during my stay in AZ. Do I need to file child support in CA? or can I do that in AZ? Is that possible to get some compensation?
3 Answers from Attorneys
Re: Child support without marriage
You will need to file in the county in California where the father resides. If he has income, you will receive child support. It will be by wage assignment if he is an employee and be mailed to you or your aunt, if you wish. We are in San Diego County.
Re: Child support without marriage
Yes you are entitled to support.
Re: Child support without marriage
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
You can file to have him legally declared the father and thereby receive child support (based upon your income, his income, and how much time he spends with the child). While you probably have a choice of jurisdictions and/or venues, filing in the county where the father lives would probably be the least likely to be contested (and would put the most pressure on him if he IS married). I don't think AZ is an option unless you intend to reside there for a while. Contact an experienced Family Law attorney in the county where the father lives for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.