Child Support Obligation to Unborn Child
Attorney David Schwarz will protect you and guide you through the event that you might owe child support to an unborn child. The law states that an unborn child is owed a duty of child support. The child support court can order child support In Orange County child support court. assessed against a father while the mother is still pregnant. The mother of an unborn child can file an action In Orange County family law court. Under the family law code. In fact the father of an unborn child can face criminal penalties if he fails to pay child support to the pregnant mother. Call Attorney David P Schwarz to assist you in any complications that might arise under these issues.
At the Orange County Law Office of David P Schwarz we have litigated numerous case which involve an obligation to support a child prior to birth.
A child support attorney has the ability to protect their client from unnecessary actions from a parent to get child support prior to the childs birth.
For enforcement purposes the Department of Child support services and or a private action by one parent to establish the paternity of the child can only occur once the child is born.
A civil action for paternity can be filed prior to the child being born but enforcing child support for an unborn child is impermissible.
A child support attorney will prepare you for the road ahead once the child is born. The attorney will suggest that a DNA test is performed in order to either confirm the child as the parents or exclude the child as a biological child of the parent.
At the Orange County Law Office of David P Schwarz we have represented many clients where the paternity of the child was unknown yet the client found themselves embroiled in the middle of nasty divorce or paternity case. It is up to the lawyer to make sure all your defenses to a child support action are brought to the attention to the Court if a civil action is filed against you for child support.
It can happened that a lawsuit is filed against you while the Child is not born and you have not take any action by filing a response to the lawsuit. As time passes and you have not acted to defend yourself the likelihood of defeating the child support action will be quite difficult. After two years it will be statutorily impossible to fight the child support action. The child will be conclusively presumed to be your child and child support can be enforced by the county or any individual parent.
There are other actions against the parent that they might have to defend after the child is born and no action has been taken. However, these actions will be after the child is born.
The most common sense action to take is to file an answer to any action made by a parent against you if the child is unborn. You must be prepared once the child is born to quickly respond by getting a DNA test and or other actions to make sure the child is definitely yours.