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Who do I get child support from, registered domestic partner or biological dad? She wants to terminate the partnership.

San Jose, CA |
Filed under: Family law

I have been in a registered domestic partnership since December 2012. My baby was born in May. My partner's name is on the birth certificate. She now wants to terminate the partnership. Who am I suppose to ask for child support from? Once I move back to my home town (in CA still), I will have to apply for government assistance until I find a job. I heard child support will make a case out if I apply for gov assistance so who will they go after? Thank you for your time and help.

The biological father is my ex boyfriend. Me and my partner (gf at the time) were broken up at the time my child was conceived. Me and my partner got back together a couple months later and have been together since but she now wants to end the partnership.

Attorney Answers 5

  1. If you've done a proper sperm donation, then the bio-dad is not in the picture for anything.

    If you didn't follow the proper procedure, i.e. did it the old fashioned way, well then, he may be obliged to pay support.

    Mom #2, on the other hand, is named on the birth certificate and is presumptively the other parent, by law.

    It's a bit complex, to say the least, and the answer(s) will depend upon the facts on the ground.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Mr. Yomtov is correct that your situation may be complicated. Your question does not provide enough information for a meaningful answer.

    You should consult a local attorney to get a confidential opinion and explanation of possible options.

    Good luck.

    The advice provided is general in nature and is not based on any confidential communication or information provided by the requesting party. To receive complete and specific legal advice you should consult personally with an attorney in your area.

  3. This could get dicey. If you try to hold the partenr's feet to the fire she could also prevent you from moving. if you leave this up to DCSS, they will proabbly seek support from biodad, as that is more familiar. That said this is all uncharted territory legally speaking.

    For the sake of all convcerned a REALLY GOOD mediator could--would-- be a much better solution going forwrad. This will be an 18 hyear long relstionship of coparenting.. with saomeone! You ned a really good mediator because the not so good on e will just ty to strong are whomever they dksagree wiht. Not the desired process or outcome... and remember--the CHILD is the center of this.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

  4. I always agree with Carroll (Edna) and I have 40 years of experience. See Carroll I did follow your wishes. I am not a cold heartless SOB ha ha

    My name is Stephen R. Cohen and I have practiced over 39 years and can be reached at 213-819-1171. I in Los Angeles and Orange County, California. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site.

  5. I have not researched your partner's liability for child support but my sense is that she should not be liable because the child wasn't conceived why you and she were cohabitating . I'd view your partner as a mere stepparent.

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