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Child Support FAQs

Answers from Our Child Support Attorneys in Oceanside

Whether you are the payee or the payor, child support can quickly become a contentious issue. If you have questions about your child support situation, read our FAQ below for answers.

Still have questions after reading? Contact Fischer & Van Thiel, LLP online or call us at (760) 621-7101.

How can I get child support?

Question: My niece’s husband left her and isn’t paying her any support. She doesn’t have money because she has three children and no job. What can she do?

Answer: In addition to filing for dissolution, she can file a motion with the court requesting child and spousal support. If she is unable to afford the services of an attorney, she can contact her local Department of Child Support Services (DCSS) for assistance. Also, Family Law Facilitator offices located in many courthouses can assist her in preparing the necessary documents to request support.

Can someone try to get me to pay child support without a DNA test?

Question: I met a girl a while ago and we made out a few times but did nothing more (no intercourse). Suddenly, I start receiving calls from a child support office claiming that I am the father of this girl’s child and have to pay child support for her baby. Can they make me pay without a DNA test that proves I am the father of the child? Do I need an attorney to represent me in court?

Answer: While you do not have to have an attorney represent you in court, it would definitely be beneficial given the complexity of your case. If you failed to respond to a complaint regarding this matter, you may have been defaulted and no DNA test would have been required. If you were never served with a complaint, then you should request a DNA test as soon as possible.

Can I have full custody of my son if his father in jail?

Question: Can I have full custody of my son if his father in jail? I get child support, we are not together, and he has no job.

Answer: Yes, you can file a motion with the Court asking to have full custody of your child awarded to you while the father is in jail. It is likely the Court will do this for you. The father will then have a right to file a motion to get custody back once he is released from jail. He will have to meet certain conditions though before the Court will restore his parental rights especially since he has been gone from the child’s life for so long.

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