Tinero, Aharonov and Associates Tinero, Aharonov and Associates A Family Law Practice, LLP

Getting child support for a child born after the divorce

Some California couples would give their marriages another chance if it was discovered that a child was on the way. However, for many couples, staying together is simply not an option because the marriage is over and both parties need to be able to move forward. Therefore, it will be necessary to deal with issues of child support and custody after the child is born, which could be after the divorce is finalized.

In general, the courts will not resolve matters of custody and child support during the pregnancy. Depending on the circumstances, the parties might decide to put off finalizing the divorce until the baby is born in order to avoid having to return to court later. In this case, the parties can use the time they have before the baby is born to resolve their issues, which could make the process easier when the time comes.

However, some couples might decide that they need to get through the divorce even though the baby is not yet born. In that case, it will be necessary to return to court in order to establish paternity, child support and custody. Once these issues are resolved, the divorce decree will be modified with the arrangements made by either the parties or the court.

Regardless of whether the parties wait to divorce until before or after the divorce, the issues of child support and custody will get resolved. Fortunately, the state of California allows the prospective parents to decide the timing of the divorce. Either way, it would be beneficial to understand what is at stake and how it would be best to proceed.

Source: romper.com, "Can I Get Divorced if I'm Pregnant?", Samantha Darby, May 16, 2016

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