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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2183
Experience:  Practicing Attorney with 10 years experience
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My cousin is a single mom with a 5 yr old son, The father

Customer Question

My cousin is a single mom with a 5 yr old son, The father currently lives outside the country for about 5 years, The boy was born out the country as well, but currently the mom and the boy lives in California. Can mom still file a lawsuit to request child support from court in california if the father out of the country and child was not born in california?
They both never married, but agreed to have a join child custody, but the father never paid a penny since it was not requested from their original join custody agreement. but now the mom needs his support to raise the child.
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

Once she and the child have lived in California for 6 months she can then file there. While it will be a challenge to serve the father who is overseas but she can get a default order for child support if the judge allows alternate servive methods. If an order is established, then one remedy is to withhold his passport until he makes his child support payments. There is a state agency that can help with the process...

Customer: replied 1 year ago.
Thank you for your prompt reply.
If the mother's income is higher than the father, will that be an issue for mother to request child support from the father ? Or it doesn't matter regardless the income, the father must have some kind of financial responsibility to the child ?
Expert:  Asad Rahman replied 1 year ago.

No it is not usually an issue. It is only the paying parent's income that is considered.

Customer: replied 1 year ago.
I'm not sure i understand what you mean by "paying parent's income", does that mean the father's income if he is requested to pay for the child support ?
Expert:  Asad Rahman replied 1 year ago.

Yes I meant his income in this case.