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Do I Still Owe Child Support if I Never Married My Baby’s Mother?

December 21, 2023
child support
Do I Still Owe Child Support if I Never Married My Baby’s Mother?

In paternity cases, it’s easy to know who the mother is. That’s not always the case for the father.

Men might question their obligation to raise a child outside of marriage. What if the child isn’t theirs? What are their roles and responsibilities if they aren’t married to the mother?

We have the answers to these questions and many more. Read on to learn more about a man’s responsibilities for a child when he isn’t married to the mother.

Child + Support

Parents are expected to provide holistic support to their children. This means they are to care for them physically, emotionally, and financially, to name a few.

Typically, courts evaluate the income and responsibility of each parent. Considering the child’s needs, they determine which parent pays and what that financial contribution will look like. Usually, if one parent has custody of the child for most of the year, the other parent must pay child support.

Child support is separate from alimony or spousal support. Courts do not lump these payments together. Both parents must financially support their children, regardless of marital status. However, courts decide unusual circumstances on a case-by-case basis.

And it’s mandated by the court. Not paying is against the law.

Mothers can initiate paperwork to ask the father to begin paying child support. Additionally, child support agencies financially assisting the single mother may start paperwork to recover funds from the perceived father. Judges can declare that the perceived father is the child’s legal father and require them to pay child support without their input if they ignore initial paperwork and deadlines.

If the paying parent has future financial trouble, like a job loss, they can file a request to modify their court order. The last thing a parent wants to do is stop paying child support. Their livelihoods will suffer from lost and withheld wages, penalties, fees, and possibly jail time.

Either parent raising their child a majority of the time can pursue legal means to have the court order the other parent to contribute.

Parenthood and Money

Establishing parenthood can be a big deal because it affects money, joint custody, and child support. Let’s talk more about child support with Acknowledged and Presumed fathers according to the legal system.

Acknowledged fathers establish paternity by either admitting to being the father or agreeing with the mother to take on the role of parent. All states have paternity acknowledgment forms that unmarried parents can sign. Hospitals typically have them on hand.

Presumed fathers earn the role in various other ways. They either:

  • Married the mother at the time the child was born or conceived. (Note: In some states, this isn’t the case if the couple separates.)
  • Married the mother (even in a way deemed invalid), and the child was conceived during the “marriage.”
  • Married the mom after she gave birth and agreed to put his name on the birth certificate.
  • Declared support for the child.
  • Openly welcomed the child into his home.
  • Publicly proclaimed the child as his own.

Both terms (acknowledged and presumed fathers) are used solely in reference to unwed males. Both pay child support.

DNA Tests Help but Don’t Always Matter

Paternity is a common issue among unwed parents. DNA technology is helping solve many of these dilemmas.

However, there have been a few court cases where presumed paternity outweighed DNA tests. So, a father figure might still be required to financially support a child despite a later paternity test stating that his DNA doesn’t match the child’s. In such cases, courts determined the child’s welfare would be worse off without it.

Rights and Responsibilities for Unwed Fathers

In most cases, custody of a baby immediately goes to the mother. But fathers have a right to visitation and custody, too. If they choose, fathers may pursue custody rights. Fathers will owe child support if the court determines they are either the biological or presumed father.

As long as the father’s name is on the birth certificate, his parental rights are legally equal to the mother’s. If his name isn’t on the birth certificate, he must prove paternity to pursue parental rights. After establishing paternity, he must show the court he can be a good parent and take on custodial rights.

In most cases where the mother is deemed a good parent, she retains primary physical custody of her child. However, a single father with parental rights may establish shared custody and visitation rights.

Any stepfather who enters a child’s life does not free a presumed father from child support. A stepfather is not obligated to financially support the child unless he legally adopts them.

Managing Child Support

Keeping up with financial obligations for your child is challenging when you and the co-parent don’t live together. Even more so if you aren’t on good terms with one another.

Just as technology is helping match children to biological parents, technology is also helping the separated family maintain tighter control around joint custody and child support. Co-parenting expense trackers, for example, provide an excellent avenue for two unwed parents who live apart to have transparency with child-related expenses and payments. They can easily pay and track child support money faster and with less worry helping to simplify what may already be a complicated situation.

Video

Do I Still Owe Child Support if I Never Married My Baby’s Mother?

Infographic

It is common for men to question their legal and moral responsibilities when raising a child born outside of marriage. Learn about a father’s legal responsibilities to his child when he is not married to the mother in this infographic.

5 Child Support Facts Infographic

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