Is a Paternity Test Required for Child Support in California?

In California, each parent has equal rights and responsibilities to their child. When a child support petition is filed in a California family court, the petitioning parent may name the respondent from whom they are requesting support. Petitioning parents may wonder: Is a paternity test required for child support in California? In some circumstances, a paternity test may be required even if a parent is named.

Legal Paternity in California

California families come in different shapes. A child can be raised by their biological parents, by family members, and in some cases, by non-biological parents through the adoption or fostering process. When it comes to matters of child custody, visitation, and child support, however, judgments and orders are typically issued only to a child’s legal parent.

Parentage is usually presumed for a biological mother. For someone other than a biological mother, including a biological father, a stepfather, an adoptive father, or couples conceiving through other means, it may be necessary to establish legal paternity, often with the help of a paternity lawyer.

Legal paternity can be established in California through the following means:

• A request for a paternity test
• By signing a Voluntary Declaration of Parentage (VDP)
• A court order

Due to the complexities of family dynamics and disputes that may arise regarding parental rights and responsibilities, it is recommended that legal paternity be established early on to avoid any issues.

When Is a Paternity Test Required for Child Support in California?

When a child is born or conceived in a marriage or registered domestic partnership in California, both parents are presumed to be the legal parents. A paternity test is not required for child support when a couple is requesting a divorce, legal separation, or dissolution of a domestic partnership unless the father is contesting the legal parentage. In such cases, you may need to get a paternity test to establish legal parentage.

Other situations when a paternity test may be required for child support in California include:

• When the child was conceived outside of marriage, and the parents did not submit a Voluntary Declaration of Parentage
• When a father who is legally recognized as the parent through marriage or after submitting a VDP is disputing their paternity
• When a parent wants to prove they are the biological father of a child in order to fulfill their child support obligations and, in turn, receive child custody and visitation rights

Genetic testing is only one of the tools a judge may use to assess a person’s legal paternity. In child support cases that involve same-sex couples or couples who use alternative reproductive technology such as sperm donation, in vitro fertilization, or surrogacy, the judge may consider other factors to determine legal paternity. A child support attorney can help navigate these complex cases, ensuring that the child support obligations are properly established and that the best interests of the child are prioritized. They provide the legal guidance needed to address paternity issues and secure fair child support arrangements.

How Child Support Is Calculated in California Once Paternity Is Established

Establishing paternity is only the first step in a child support case. When determining whether a father is required to pay child support, a family court judge considers different factors.

Current Custody Arrangements: The amount of time each parent spends with the child through visitation or custody, called timeshare, is used in the child support calculation formula.

Each Parent’s Income: Each parent’s income is also an important factor that affects how much a non-custodial parent may be required to pay in child support.

The Child’s Needs: Child support amounts factor in the needs of the child, including their cost of living, any health conditions or special needs, health insurance requirements, and any other financial needs for a child their age.

Financial Responsibilities of Each Parent: Even though parents are responsible for a child regardless of their income, the formula does take into consideration a parent’s other child support responsibilities if they have other children. A child support attorney can help navigate these complexities and ensure fair calculations of support obligations.

Child support cases can be contentious. In many cases, especially when legal paternity is in question, it is recommended that both parties seek the legal support of a skilled family law attorney who can represent them in a family court case.

FAQs

Is a DNA Test Required for Child Support in California?

A DNA test may be requested for a child support case in California. During a divorce, a DNA test may be used if a father is challenging their paternity. It may also be necessary to request genetic testing in a child support case when a child was born outside of marriage.

Can You Be Forced to Take a Paternity Test in California?

You may be legally required to take a paternity test in California if a court has issued an order for a genetic test. If you refuse to comply with the court order, you may face penalties, including fines and jail time for contempt. Outside of a court order, you cannot be forced to take a paternity test in California.

Does the Father Have to Be on the Birth Certificate to Get Child Support in California?

A father may not have to be on the birth certificate in order to receive child support in California. A father can be presumed the legal parent of a child if they were married to the biological mother when the child was conceived or born or if they can prove they cared for the child as their own.

Does Signing a Birth Certificate Establish Paternity in California?

When both parents sign a Voluntary Declaration of Parentage at the hospital after the birth of a child, their names appear on the child’s birth certificate. This process establishes a father’s legal paternity in California. The process can also be initiated later if it becomes necessary to establish paternity for some reason.

Contact Our Lawyers Team to Get Help with Your Paternity Case

Whether a paternity test is required for a child support case in California depends on the circumstances of the child’s birth and upbringing. If a child is born within a marriage or legal domestic partnership, a genetic test is not required to establish parentage. Otherwise, a paternity test may be required before a child support order is granted unless a Voluntary Declaration of Parentage is submitted or a court order establishing paternity has not been issued.

Child support cases can be contentious, especially those where a father’s paternity is in question. Law Offices of Michelanne Hrubic assists families in the southern California area with their family law needs, including child support and custody matters. Schedule a consultation today to discuss your case with our team.