Legal Question in Family Law in California
I'm not married to the mother of my child, if I retire does the mother of my child have rights to my pension ?
Asked on 10/15/10, 7:04 pm
2 Answers from Attorneys
To the extent of the portion earned after marriage, yes, as to the portion earned prior to marriage, no.
Answered on 10/20/10, 7:07 pm
Tina Chen
Law Office of Tina Chen
No. Since you were never married this is a paternity matter and your ex is not entitled to a portion of your retirement. However, if there is a child support order in effect, you will need to pay her child support whether it be out of your retirement check or some other form of income.
Answered on 10/20/10, 7:09 pm
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