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  1. #1

    Default Do You Have to File for Custody Before You Can Petition for Child Support

    My question involves child support in the State of: California

    I was never married to my daughters father and we were never in a relationship longer than a month. We never lived together and we live in different counties. I only make $2080.00 per month gross and he makes roughly $7800 gross as a firefighter/medic in San Bernardino. She is primarily with me and he sees her at the most 10 days a month but realistically its more like 5-7. I have to have her in preschool (because day care cost is the same and she learns more in a set curriculum) 2-3 days a week because of work and when she is there he is working also. The cost is $400-$600 per month depending on his schedule. I have asked him plenty of times to come up with a reasonable fair amount to keep the courts out of it but his idea of fair is having his mother watch her (live with her) in Pomona which is 1.5 hours away from me while he is working which is 5+days a week. Now we do not have a legal order but I have been told that I am the legal custodial parent since we were never married or lived together. He did sign the paternity paperwork and his name is on the birth certificate so do I need to file for custody before pursuing child support?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Do You Have to File for Custody Before You Can Petition for Child Support

    No, you don't. You can simply go down to the local child support office and begin a case - or, and I believe this applies for California - use the online services.

  3. #3

    Default Re: Do You Have to File for Custody Before You Can Petition for Child Support

    Now if he decides to file for custody is that going to slow down support payment

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Do You Have to File for Custody Before You Can Petition for Child Support

    It shouldn't, no. Support and custody are two separate issues. If he becomes CP, he can then file for child support himself, but in the meantime you can (and should) open a case yourself.

  5. #5
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Do You Have to File for Custody Before You Can Petition for Child Support

    Sorry, $7,800 a month in SB County as a firefighter / medic? Where did you get that figure? I know cops and firemen in SB county and they do NOT make almost 100k a year. That figure popped immediately when I read your post. That would put him above the 90th percentile.

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