Can a woman file a child support order for an unborn child in California?

Question

A friend of mine's ex-girlfriend is claiming to be pregnant even though he thinks she's lying. She's now saying she filed a child support order in court today against him, but IF she's pregnant she's only like 10 weeks. I think it's just for attention, but is it possible to file an order that early?

Answer 1

Ummm, No there has to be a born child to get child support. A DNA test will have to be done if he denies the child, and most courts will not put an unborn child at risk only for a DNA test. SHe will have to wait.

Answer 2

There's no child to support.

The action will fail.

Answer 3

You can not get child support until the child is born.   Until then the child is living off the mother and if she can support herself,  she can support the child.    

Also,  if they did order "child support" for a fetus you have the issue of abortions and miscarriages.   Will the woman come forward and get the child support canceled if the condition warrants?  Probably not.

Once the child is born she can file for child support but she will have to have some external proof of who the father is.  She can not just "name" the father without such proof.   If she says "X" is the father and "X" says he is not,   she can not force a paternity test without some outside proof.   Did any third party hear him bragging about knocking her up?   Did he pay her money for support at some point in time?   Did he write any letters or make any notes about "his" future fatherhood?   Did anyone see them in bed together?   Did they live together during the period she might have become pregnant?   Again,  she needs some external proof to back up her claim that he is the father.  

What he needs to do is wait until some documents are served on him then he needs to official respond that he does not believe he is the father and that regardless,  child support is not warranted until the child is actually born.

And tell him that is why premarital s*x and shacking up is dumb.  

Answer 4

The fact that she is claiming to have filed for child support is a RED FLAG, since it is totally impossible to do that.  There must be a living, born child for that.

The odds just went WAY up that she also may be lying about any pregnancy.  I'd wager the relationship is falling apart, and someone is using "stuff" to hang onto someone.  

Answer 5

Only if she is preg and can prove its his child and that is almost impossible unless he helps her do that.

Answer 6

No. Its not, because the child might abort and there is no proof that its his.

Answer 7

If the baby is young enough to be killed it is not old enough for the mom to use it to milk money outta the dad.

Answer 8

maybe it really depends on her details, income etc... best thing to do is call and ask. The father's responsibility is also important.

Answer 9

file what?

There is no child? You can't even be charge with murdering a  unborn child until the mother is about 7 or 8 months pregnant. So you can't get support for a child that isn't living out side of the worm.

she is playing games.

Answer 10

I think she's BS-ing.  For one thing, how would they establish paternity?  They don't do paternity tests until the baby is born.

Answer 11

Nope, you gotta wait till the child is born.

Answer 12

No.  She can do it after the child is born, but until then she is not entitled to anything.  Sounds as if she is trying to rip him off and get some money out of him.  I suggest he just ignore her and see what the future holds.  Good luck!!

Answer 13

I have to tell you, NOTHING that happens in California surprises me anymore.  It's probably very possible.

Answer 14

No it is not possible she is lying

you can only file once the child is born