If I am going to be in a divorce process and we have a child, is there going to be automatic child support?

Asked about 1 year ago - Redwood City, CA

My child was born while me and my partner were in a registered partnership (I got pregnant before we got registered and we werent together at the time). We are going to start the divorce process and I was wondering since there is a child involved, will the one of us have to pay the other child support? Or is that just something that is decided between us while we are in court?

Attorney answers (3)

  1. Stephanie Erin Story

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Not an easy question to answer with such limited facts. Generally unless the parties were legally married a paternity test is ordered, unless paternity is stipulated by a declaration under penalty of perjury. Child support is usually determined by how much custody each party is granted and/or agrees upon and how much each earns. A program called "Dissomaster" determines the amount owed based upon percentage of child custody and earnings, which is not disputable. It is always best to seek legal consultation when dealing with separation and children just to make sure the children are taken care of. Hope this helps. Good luck!

  2. Athina Karamanlis Powers

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . More facts needed.Being registered domestic partners with your partner before the birth of the child you have a presumption that both of you are the parents. There are details that can add to this statement and presumption that can support an argument for child support.
    Always the difference is in the details. It is a sensitive and viable problem that the evolution in the law is resolving today in different court cases.

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information... more
  3. Edward Brandon Beckham

    Contributor Level 14

    Answered . Most jurisdictions have child support guidelines. You should really consult with an experienced local attorney about the specifics of your case.

    This is not legal advice. This response is provided for general information only, as a public service. It is not... more

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