The need for child support does not begin when a child is born, but rather it begins many months sooner. Courts have held that even unborn children are owed a duty of support from their fathers. Support can be assessed against a father while the mother is still pregnant. [Kyne v. Kyne (1940) 38 CA2d 122, 128, 100 P2d 806, 809—“commencement of the action prior to birth is contemplated and permitted by … the … Code”; see Rojas v. Mitchell (1996) 50 CA4th 1445, 1448, 58 CR2d 354, 355] It is also important to know that Pen.C. § 270 provides for criminal penalties for a parent’s willful nonpayment of support for a “child conceived but not yet born”. If you or someone you know is having a child and monetary support is needed to help insure the well-being of that child, please contact our attorneys so that we can discuss your options.
