When you're raising a child alone and struggling to cover childcare, medical bills, and basic expenses, the question of child support becomes urgent. You know who the father is, but he's not on the birth certificate, won't acknowledge the child, or refuses to cooperate with anything that involves legal responsibility.
California law ties child support orders directly to legal parentage. Courts cannot order someone to pay child support until that person is legally established as the child's parent. However, several situations exist where parentage is already presumed under California law, and establishing formal parentage often moves faster than you might expect.
The San Marcos child support lawyers at Fischer & Van Thiel help North County San Diego parents navigate parentage establishment and child support proceedings. Contact us for your complimentary 30-minute consultation.
Key Takeaways About Child Support and Paternity
- California courts cannot order child support until the alleged father is legally established as the parent, either through presumptions, voluntary declarations, or court orders following paternity testing
- If you were married when the child was born or conceived, California presumes your spouse is the legal parent regardless of biology
- Fathers who signed Voluntary Declarations of Parentage at the hospital or later
established legal parentage without court involvement - The Department of Child Support Services handles parentage testing, court filings, and support order establishment at no cost to you, but private attorneys may be able to offer faster timeline
California's Parentage Requirements for Child Support
California Family Code Section 7570 establishes that child support obligations flow from legal parent-child relationships, not simply biological connections. Before a court can order support, the alleged father must be legally recognized as the child's parent through one of several mechanisms.
When Parentage Is Already Established
You might not need to take any action to establish parentage if certain circumstances already created a legal parent-child relationship:
- Marriage Presumption: California Family Code Section 7611 presumes that a woman's spouse is the legal parent of any child born during the marriage or within 300 days after the marriage ends. This presumption holds even if the spouse is not the biological father. If you were married when your child was born or conceived, your spouse is likely already the legal parent for child support purposes.
- Voluntary Declaration of Parentage: Many unmarried parents sign a Voluntary Declaration of Parentage (VDOP) at the hospital when the child is born. This document, when properly completed and filed, establishes legal parentage with the same force as a court judgment. If the father signed a VDOP, parentage is already established and you can proceed directly to requesting child support.
- Prior Court Order: If you previously filed a parentage case and obtained a court order establishing the father's legal relationship to the child, that order serves as the foundation for current child support proceedings.
Your paternity lawyer in San Marcos can help you determine whether parentage has already been established and use it to support your support case.
When You Must Establish Parentage First
If none of these circumstances apply, you must establish parentage before pursuing child support. California offers two primary paths for parentage establishment: through DCSS or family court action.
Establishing Parentage Through San Diego County DCSS
The San Diego County Department of Child Support Services provides free services to establish parentage and obtain child support orders. This process works well for parents seeking straightforward support enforcement without complex custody disputes.
DCSS begins by requesting the alleged father voluntarily acknowledge parentage. If he refuses, DCSS schedules genetic testing at no cost to either parent.
Once testing confirms biological parentage, DCSS files a parentage action in San Diego County Superior Court. The court reviews the genetic evidence and issues an order establishing the legal parent-child relationship. DCSS then proceeds to establish a child support order based on California's guideline calculations.
While DCSS services are free, parents have less control over timelines and limited ability to address custody or visitation issues that often arise alongside parentage disputes.
Private Parentage Actions Through Family Court
Parents may also file private parentage actions through San Diego County family court. This approach offers several advantages when custody, visitation, or urgent financial needs require faster resolution or more comprehensive court orders.
Private parentage cases allow you to simultaneously address parentage establishment, child support, custody arrangements, and visitation schedules in one proceeding. This comprehensive approach prevents the need for multiple court cases addressing different aspects of your child's care and support.
Working with a San Marcos CA paternity lawyer also provides more control over the process timeline. While DCSS handles many cases simultaneously, private attorneys focus exclusively on your situation and can expedite genetic testing, court filings, and hearing dates when circumstances require swift action.
When to Consider Taking Private Action in a San Marcos Paternity Case
Private actions work particularly well when:
- The father disputes parentage and you want faster resolution: Private attorneys schedule genetic testing quickly through independent labs rather than waiting for DCSS appointments.
- Custody and visitation disputes exist alongside support issues: Family court allows comprehensive orders addressing all aspects of the parent-child relationship in one case.
- You need temporary support orders while parentage is being established: Courts may issue temporary support orders in private actions when evidence strongly suggests parentage and the child has immediate financial needs.
- Privacy concerns make you prefer avoiding DCSS involvement: Some parents prefer the more private nature of attorney-represented cases over DCSS's administrative process.
Fischer & Van Thiel offers free 30-minute consultations, so you can discuss whether a private parentage action or DCSS case better fits your timeline and circumstances.
What Happens When the Alleged Father Won't Cooperate
California law provides enforcement mechanisms when alleged fathers refuse genetic testing or avoid court proceedings. Courts can issue orders compelling testing, and continued refusal to comply may result in parentage being established by default.
California law allows courts to draw negative inferences from a party's refusal to submit to genetic testing. If the alleged father refuses court-ordered testing without good cause, the judge may establish parentage based on other evidence even without genetic confirmation.
Default judgments also establish parentage when the alleged father receives proper notice of the parentage action but fails to respond or appear at scheduled hearings. Once the court enters a default judgment establishing parentage, the father cannot later contest the finding except through very limited circumstances.
Common Questions About Child Support and Paternity in San Marcos
What if the father signed the birth certificate, but we never married?
Signing the birth certificate alone doesn't establish legal parentage in California. However, many hospitals have both parents sign a Voluntary Declaration of Parentage when completing birth certificate paperwork and file it with DCSS. If so, legal parentage may already be established.
Can I Get Temporary Child Support While Waiting for Paternity Test Results?
In private parentage actions, courts may order temporary child support when evidence strongly suggests the alleged father is the parent and the child has immediate financial needs. However, these temporary orders are less common in DCSS cases.
What if We Were Never Married but Lived Together for Years, and He Acted as the Father?
California recognizes presumed parent status in certain circumstances. This situation requires careful legal analysis, because presumed parentage can lead to support obligations even when genetic testing later excludes a biological relationship
How Much Will Child Support Be Once Paternity Is Established?
California uses a statewide guideline formula that calculates support based on both parents' incomes, the percentage of time each parent has the child, and certain allowable deductions. The California Child Support Calculator provides estimates, though precise calculations require detailed financial information from both parents. Courts rarely deviate from guideline support amounts except in unusual circumstances.
Protecting Your Child's Financial Future
Your child's need for financial support doesn't pause while you navigate parentage establishment procedures. Every month without support means you're shouldering expenses that California law recognizes should be shared between both parents.
Fischer & Van Thiel's parentage and child support practice focuses on efficient establishment of legal parentage followed by appropriate support orders that reflect both parents' financial responsibilities.
Speak with a San Marcos CA paternity and child support lawyer about your situation. Your free 30-minute consultation gives you clarity about your options for establishing parentage and obtaining the support order that protects your child's wellbeing.