Legal Question in Family Law in California
If my current wife and I have a baby. Can she file for child support, even though we plan to stay married and the child plans to live with us? Just to get a court ordered child support order.
2 Answers from Attorneys
I don't know why you would need to get a court order. Sounds a little confusing, but I am assuming this is in case you split up? You two can make whatever agreement you want and have it notarized, but you take a risk of the judge throwing it out when a divorce occurs. The amount of child support ordered is determined using a very specific calculation and is for support of the child, not the adult. You need to consult an attorney, but it seems to me you would do better agreeing to some type of spousal support that has a better chance of not being thrown out as being not in the child's best interest.
There is old and well settled case law that states that both parents have a duty to support a child, even if they are living together. Theoretically, she could get an order for you to support the child, even if you live with her, if she could show that you are taking your income and refusing to support the child at home. Your question is confusing as posted. Are you refusing to provide the necessities of life to your child?