Legal Question in Family Law in California
Question:
I really don't know if my 13 yr old boy is alive, however I pay child support monthly, on time.
Before I pay another child support payment, how can I find out that my child is still alive?
Facts: My Son and his mom live in another state. My childs mother has no contact with me, my family and I. I have never been able to see or speak to my child.
Thank you for taking the time to read this
2 Answers from Attorneys
Why don't you have any custodial time? You must have a custody order to have a support order. If you don't have a support order and have just been paying voluntary support, then stop paying. You'll find out if he's alive pretty quickly. If you have a support and custody order, file a motion to modify it in the court that issued the order in place now, using the same case number and caption information as on the order. Ask for visitation and contact.
Mr. McCormick's response does not make sense. I know plenty of fathers that pay child support that don't have custody. If they had custody, they wouldn't pay child support.
One way of telling whether someone is deceased is to check the Social Security Death Index. A problem with that is that there records are not up to date to the minute. I suggest talking to vital records for the state where he was last known to be living. You may be able to get access as the father, or have someone tell you how to find out if there is a death certificate.
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