Paternity & Child Support

A court order determining that a man is the father of a child may occur
in different ways:

(1) A district attorney may sue the man to reimburse
the county for welfare payments made on behalf of the child, and in such
an action the court will determine paternity;

(2) A district attorney may sue the man for child support at the request
of the mother even if she is not on welfare, and again the court will
determine paternity;

(3) Either parent may obtain a “domestic violence” restraining order,
and the court may make custody and visitation orders in that case,
involving at least in some cases a determination of paternity;

(4) A woman may file a paternity action to establish that a man is the
father of her child;

(5) A man may file an action to enforce his rights to visitation, or even to
custody, and if he is not married to the mother his rights will depend
upon the court determining that he is the father of the child. I represent
both men and women in paternity actions, and I will be happy to discuss
your situation with you and explain any rights and obligations you may have.
I will also discuss with you the potential cost of legal representation.
A paternity action (and some other actions which include a determination
of paternity) involves several separate and distinct matters:

(a) A court determination of the existence (or not) of a parent and
child relationship.

(b) Child support is almost always payable by one parent to the other.
Usually the parent who provides the child’s primary home receives child
support from the other parent. The amount depends on the relative
financial circumstances of the parents, the amount of time the child
spends with each parent, the number of children each parent has from
other relationships, and other factors. The amount and duration of
child support is fixed by statute (and computer programs) and the trial
judge has very little discretion to vary from the statutory child
support guidelines which have been fixed by the state legislature.
Child support is payable until the child reaches 18 years; after that,
child support continues if the child is still in high school until he or
she graduates, quits, or reaches 19 years of age. When the supporting
parent dies, his or her obligation to pay child support continues and
his or her estate can be required to continue making the payments.

(c) Child custody and visitation. Unless the parents agree on custody
and visitation, they are required by law to attend orientation and
mediation sessions at Family Court Services, an agency which is an
adjunct of the family court. Discord between the parents creates very
serious problems for their children, and it is therefore the goal of
California’s family law to help the parents minimize the impact of their
separation and divorce on the children by helping them work together as
parents even while they are disagreeing on everything else. The law
assumes that the child is best served by spending a lot of time with
each parent; that means substantial “visitation” time with the parent
who does not have primary physical custody. [There is an obvious
exception, of course, if one parent is seriously abusing a child,
sexually or otherwise.]

(d) Attorney fees and other litigation costs. There are various
situations in which a parent may be required to pay attorney fees of the
other parent or for an attorney appointed for the child, including where
the other parent is required to go back to court to enforce a support
order. Also, if the court believes that one parent has not acted in
good faith, the court may order that parent to pay attorney fees to the
other parent as a sanction or punishment even if he or she does not have
greater financial resources.

-Thomas Roland
tomroland@tomroland.com
(510) 841-1500
(510) 217-3589 Fax

(510) 708-7303 Cell