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The father of my child doesn’t want to help financially… What can I do?

Child's Father Doesn't want to Help Financially

Question: The father of my child and I have never been married. The father does not want to help me financially to raise the child. What can I do about it?

Answer 1: First, if it has not been established before, you have to establish legally that he is the father of the child.

Steps you need to take:

  1. Fill out the following forms:
    1. Petition to Establish Parental Relationship(form FL-200)
    2. Summons(form FL-210)
    3. Declaration under UCCJEA (form FL-105)
    4. Income and Expense Declaration (form FL -150)
  2. Find out, based on your current zip code, what courthouse you have to file your forms at. Please follow the link below.

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1524259&_dad=portal&_schema=PORTAL

  1. Go to the courthouse and file your forms at the business office. You have to have 1 original of each form plus 2 copies. You will also be required to pay a mandatory court fee in the mount of $435.
  2. A person, who is 18 years old or older, has to personally serve all aforementioned forms along with blank forms FL-220 and FL-105 on the father. You cannot serve the forms on the father.
  3. The person who served the forms on the father has to fill out and sign a proof of service (form FL-115). Don’t forget to file it with the court.

Answer 2: If paternity has already been established, the father signed a voluntary declaration of parentage or paternity when the child was born.

Steps you need to take:

  1. Fill out the following forms:
    1. Petition for custody and support of the minor (form FL-260)
    2. Summons (form FL-210)
    3. Declaration under UCCJEA (form FL-105)
    4. Income and Expense Declaration (FL -150)
  2. Same as above.
  3. Same as above.
  4. A person, who is 18 years old or older, has to personally serve all aforementioned forms along with blank forms FL-270 and FL-105 on the father. You cannot serve the forms on the father.
  5. Same as above.

Please remember:

  1. Child support order can be retroactive to the date of filing the forms with the court or to the date of serving the forms on the father. Don’t delay either filing or serving the forms.

California Family Code Section 4009, “An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading within 90 days after filing and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than the date of service.”

  1. If it is confirmed that the father is a biological father of the child, he most likely will ask the court to make custody and visitation orders.

Forms can be found here:

 

DISCLAIMER: This Blog/Web Site is made available by the lawyer/law firm publisher for educational purposes ONLY as well as to give you general information, not to provide specific legal advice. This article should not be taken in any way as legal advice on your specific legal matter.

Please contact me at 619-737-3919 to schedule a 30-minute initial complimentary consultation to discuss your personal situation.

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Ms. Rogova, who is bilingual English-Russian, earned her law degrees from American and Russian universities. She earned her Russian law degree in 2003 and practiced law in Russia for over 7 years. Ms. Rogova has a broad range of legal experience in Russia such as contract litigation, corporate law, arbitration, real estate, and labor law. In addition to her law degree, in 2007 Ms. Rogova earned a Master of Finance degree.

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