Legal Question in Family Law in California
Support in Divorce Case
What makes a spouse eligible for spousal support in California? What might disqualify a spouse from receiving support? Finally, What is the laws on child support when the father is not the biological parent but the marriage existed before, during and after the conception, and delivery of the child for the first 2.5 years of the child's life. No deception, He was aware of the paternity and accepted the child and stayed in the marriage willingly. (Although no name was placed on the birth cirt. for father.)
2 Answers from Attorneys
Re: Support in Divorce Case
He is the presumed father as the child was conceived and took the child into his home after its birth. As I recall he has a 2 year window after the birth of the child to contest paternity. After that 2 year period he cannot contest paternity. Spousal support is based on his ability to pay and your need. You will be required to seek employment or education to become employed. The goal is to accomplish this in a time that is 1/2 the length of the marriage. You should consult with an attorney regarding the facts of your case and how these general principles apply to your case.
Re: Support in Divorce Case
Your many issues cannot be easily answered via this forum. How long were you married? He is presumed the father. Contact me directly.
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