The very short answer to this question is \”Yes you are entitled to child support even if you were never married to the child\’s mother or father\”. Thankfully marriage has absolutely nothing to do with a person\’s legal obligation to contribute towards the costs involved in raising a child. It\’s important to note here that both parents of the child share the legal responsibility for financially supporting the child, and that the costs should not be left resting on the shoulders of just one parent – at least not without a valid reason.
For child support to be payable you must be the legal parent of the child, which obviously means that paternity must be established. In cases where child support is being disputed a court will have the option of asking for either a voluntary admission of parenthood (VAP), or requesting genetic testing to take place to establish parenthood in a non-voluntary manner.
The actual definition of what a legal parent is varies from state to state, and can include the fact that you welcomed the child into your home and presented yourself as its parent to the outside world. That\’s why it\’s so very important that you seek professional legal counsel in any child support case or claim – those legal nuances can make all the difference between successfully prosecuting a child support claim, and getting tied up in legal red tape.
If, as a parent, you choose to not make any child support parents then you could face a wall of expense in several years time. If an application for child support has been filed an account through probation will be established. Probation department will keep track of your payment of child support and of your non payments. If the account through probation is delinquent a warrant for a non paying parent can be issued and their driver license can be revoked. What most negligent parents don\’t\’ realize is that you can\’t simply ignore the child support payment system, and if you fail to make the required payments the government will simply recoup their losses in that regard by garnishing your pay checks or locking you in jail.
The use of the \”marriage excuse\” is something we\’ve found to be quite common among negligent parents, who seem to think they can simply introduce a child to the world and then walk away from their financial and parent responsibilities. So even if you\’re not an active part of your child\’s life you are still legally (and morally) obliged to ensure that your child has everything they need to enjoy a safe and healthy upbringing. In the case where you choose not to provide this support the courts will ensure that you understand that, all things being equal, parenting isn\’t just a matter of biology – it\’s a matter of economy too.
If you do have any questions as to the legal definition of a parent, or any other questions in relation to pursuing a child support claim please contact us today for further advice.