Legal Question in Family Law in California

child support

I have 2 months old baby. We sign a declaration of paternity in the hospital, but I cancelled he paternity before the 60 days. I am receiving food stamps and medical for the baby. He doesn't want child support, so he is buying stuffs for the baby instead of giving money. Do i have to report the things he is buying or they are considere gifts.


Asked on 7/07/08, 2:31 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: child support

The father does not have an obligation to pay child support until an order is entered. Your rights to collect child support have been assigned to the County. So, it is the County who will have to file an action against the father for child support.

I would say that since the father has no current obligation to pay child support, the items he is buying would probably be considered gifts. However, this is a very close question. It is theoretically possible that you could be required to reimburse the County.

You or your attorney should notify the father in writing that the obligation to pay child support has been assigned to the County and that he may owe an obligation to the County to pay back child support.

If the father continues to provide you items after that date, then those items would probably be considered gifts, and you should not have an obligation to reimburse the County.

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Answered on 7/07/08, 6:18 pm


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