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

Asked about 1 year ago - San Jose, CA

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.

Additional information

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. David Alexander Yomtov

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . 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... more
  2. Richard H Wilson

    Contributor Level 11

    3

    Lawyers agree

    Answered . 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... more
  3. Edna Carroll Straus

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  4. Stephen Ross Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  5. Robert Andrew Michael Burns

    Contributor Level 17

    Answered . 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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