If you are a divorced or unwed father, it's important that you know your rights and responsibilities regarding child support, both for your child's benefit and for your own protection. If you have any concerns or questions regarding your specific situation, contact qualified legal counsel in your state for guidance.
Significance
The non-custodial parent of a child is legally obligated to help support him financially. According to LawInfo.com, failure to pay child support can result in garnished wages, property liens, a driver's license revocation and even jail time. In extreme cases, failure to pay child support can be equated with abandonment, and can lead to the forcible terminate of parental rights.
Misconceptions
The legal encyclopedia Nolo notes that as a non-custodial father, you are obligated to pay child support whether or not you ever married your child's mother. You are also required to pay child support even if your ex-partner refuses to allow you visitation with your child. As a custodial father, you have the same rights to child support as a custodial mother would, including full support of the legal system to order and enforce payment.
Establishment of Paternity
If you ex-partner is demanding child support, but you doubt that you are the father of her child, you have the right to contest paternity and request a paternity test. If you receive a summons for a paternity hearing, be sure to show up. According to ChildSupportCollections.com, refusal to appear may cause the judge to declare you the legal father by default, which will make you automatically responsible for child support.
Support Determination
To prevent widely different variations in child support orders, most states have a formula in place that helps determine how much child support a non-custodial parent must pay. LawInfo.com explains that the formula generally takes into account factors like the salary of the non-custodial parent, the living expenses of the custodial parent, the standard of living of the child before the divorce and the child's specific needs. Judges can deviate from this formula if they feel it's warranted. In cases of joint custody, child support amounts are typically proportional to the amount of time a non-custodial parent spends with his child, but this can only be enforced if the parents have their custody agreement made into a court order.
Considerations
If, after a support amount is ordered, your financial or employment situation changes, or your child's needs or your custody arrangement changes, you have the right--and the responsibility--to petition the court to modify your support order. If you don't change the order through the court, the old order remains binding, and you may be held responsible for any penalties that come with failing to abide by it, regardless of your reasons for non-compliance. You will also have no legal recourse if your ex-partner fails to honor any agreement you make with her outside of court. LawInfo.com notes that if you feel that your support order is unfair, you have the right to challenge the order in court.
