An Unmarried Fathers Rights to Child Support

If you are a single dad, you may wonder about an unmarried fathers right to child support. Child support refers to payments mandated by the court to provide for a child. The payments must be paid by a non-custodial parent to the custodial parent to help provide for a child's upkeep and day-to-day expenses. If you are an unmarried father, just like an unmarried mother, you likely have a right to collect child support from the other parent.

An Unmarried Fathers Rights to Child Support

Child support is considered an important issue of public policy. Courts want to ensure that a parent is responsible for paying for any children he has. This means that any time a parent does not have physical custody of his or her child, he or she may be obligated to pay child support payments to the parents who does. So, if you have taken custody of your child and your child's mother has visitation or retains any of her parental rights, she may have to pay child support to you for caring for the child.

Determining Child Support

The court will look at each parent's income and expenses to determine the proper amount of child support due. Factors such as cost of living, educational expenses for the parents, and the cost of rising the child all come in to play in determining the appropriate amount of child support. So, if you are making a lot more money than your spouse, the amount of child support she may have to pay may be limited.

A child support agreement can also be revisited if a person's situation changes. For example, if the child's mother was in school during the original child support determination but now has graduated and has a larger income, you may be able to petition the court to have the issue of child support revisited.

When you receive child support for your child, you must use it to provide for your child. Failure to do so can result in the court revisiting the issue of child support or altering the custody agreement.

Non-Payment

If the court mandates child support, those payments must be made. If the mother does not pay child support to the child, then you have a right to go to court and make her pay. She can end up with a judgment against her, or her wages garnished, if that child support is not paid to you.

Getting Help

If you are rising your child alone, you need to speak with an attorney about an unmarried father's right to child support. A family law, divorce or custody attorney can help you to ensure your child has the support he or she deserves.

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