Fresno, CA asked in Family Law, Child Custody and Child Support for California

Q: Single mother trying to co-parent with the father but he refuses to pay child support what is the California law

I am the mother of a child that was born September 23rd 2024 I'm trying to co-parent with the father of the child refuses to pay child support. I allow him to come to my house everyday to see his son but my own mother has to provide for our son because the father will not help with his responsibilities but he managed to go by a brand new car and he has a gambling problem as well but refuses to help financially with this child what are my rights

2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Contact your local Child Support Services and request they assist you with obtaining child support orders. https://www.fresnocountyca.gov/Departments/Child-Support-Services

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, both parents have a legal obligation to financially support their child, regardless of their relationship with each other. If the father is refusing to provide financial support, you have the right to seek a court order for child support. You can file a petition through the local family court, and the court will determine the appropriate amount based on both parents' income and expenses.

Since you mentioned that the father has a gambling problem and recently made significant purchases like a new car, these factors may be taken into account when determining his ability to pay. The court will review his financial situation carefully, and it’s important to provide any evidence of his income and spending that you have. Additionally, if there is any concern about his ability to manage finances, you can raise this with the court.

In the meantime, continue documenting all the support you and your mother are providing for the child, as it may be helpful during the legal process. Seeking child support through the court can ensure that your child’s needs are met consistently, even if the father is not voluntarily contributing.

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