QUESTION
Would I still have to pay child support if I was locked up 75% of my marriage?
Asked on Nov 26th, 2012 on Divorce - California
6 ANSWERS
Of course. You were at least present enough to conceive the child.
Answered on Nov 28th, 2012 at 7:35 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It all depends on whether you fathered the child during that 25% of the time you were out; if so, then yes, you are responsible for the child.
Answered on Nov 28th, 2012 at 7:35 PM
Child support is based upon your present earning capacity not the past. There are rules that govern support orders when the paying party is incarcerated at the time the order is made.
Answered on Nov 28th, 2012 at 7:35 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You would have to pay from the date they filed for support forward. If you were in jail, you could not pay support. Ensure you have proof of when you were jailed otherwise they may order you to pay back support.
Answered on Nov 28th, 2012 at 7:34 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If there was a court order for support you must either change the order or the support continues to accrue.
Answered on Nov 28th, 2012 at 7:34 PM
Answer this question. Are you the child's parent? If the answer is yes, then you will have to pay child support. This is not about the other parent or about you; it is all about your child's need for food, shelter, medical, education, etc.. Your child = your responsibility.
Answered on Nov 28th, 2012 at 7:34 PM