Mothers and fathers alike ask the same question all the time: “If we were never married do I have to pay child support?” The answer is simple: Yes. Even in the case of non-custodial, unmarried parents, they will have to pay child support legally until their minor children reach 18 years of age. Unmarried parents essentially lack key protections. Just because you raised a child from birth does not ensure that you will have visitation rights when there is a separation and matters are taken to court – the same can be said for child support. Here we will explain how the process works and what is involved.
Paying Child Support and the Necessity of Paternity
In some cases, a father will not admit that they are the father of a child, which would make it difficult for a mother to receive child support from him. This is why the courts have made it essential to establish paternity when it is not clear who the father might be. A father can become a legal father without marrying the mother, and this is something that many people do not understand. All he must do is welcome the child into his home and hold the child as his own in every other circumstance. Even if a paternity test then comes up negative many years down the road, the man cannot say he wasn’t the father – legally, he was. The courts see things like this: No matter if there is a court order or not, there is still an obligation to provide for your children, which means child support in this case.
You may wonder how paternity is established and how this coincides with support. When you have your baby in the hospital, a representative or social worker will talk to you about naming the baby. What happens if the father is present or you give information about the father such as his name and where he works? What if he signs the birth certificate? In doing so, he is establishing paternity, which will then signify that he can later be found responsible for paying support for the child he claimed. The only problem lies with the fact that a mother cannot name the father on the birth certificate when he is not present at the hospital at the time of birth.
If a mother does not name the father on the birth certificate at the time of birth, there is another option. The father is permitted to sign an acknowledgement of paternity at a later time if that works better. Hospital personnel will make every effort to get the father to sign the acknowledgement. After this is signed, the father’s name will be added to the birth certificate. A voluntary declaration of paternity that is signed by both parents is actually as legally acceptable as a court order. This firmly establishes paternity, which will then establish child support later if necessary.
We hope that now you understand that a mother or father will still have to pay child support if they have established paternity, regardless of if they were married or not. This is important for many cases in America each year. Call us today for more information on how to go about your case.
