Understanding the process of establishing paternity is a key step in child support cases. Knowing your rights and responsibilities can help ensure the proper course of action. Here is the step-by-step breakdown of what needs to happen once paternity is established.
Step 1 – Open a child support case
This is where it all begins. Opening a case with your local child support office allows you to start the legal process of obtaining support.
Step 2 – Locate the other parent
Finding the other parent is necessary to serve them with the proper paperwork and notify them of the child support proceedings.
Step 3 – Establish paternity
If the parents were not married at the time of the child’s birth, establishing paternity is the first step in ensuring that the legal rights and obligations of both parents are clear. This can be done voluntarily or through a DNA test, depending on the circumstances. Once paternity is confirmed, both parents are legally responsible for the child’s financial needs.
Step 4 – Establish a child/medical support order
Once paternity is established, the next step is to set up both child support and medical support orders. These orders will define the financial responsibility of each parent.
Step 5 – Collect support
After the child support order is in place, the custodial parent will begin collecting the support payments, either directly from the non-custodial parent or through state-managed systems.
Step 6 – Distribute payment
Once support payments are collected, they are distributed to the custodial parent. In states like California, payments are managed through the SDU (State Distribution Unit), which ensures that funds are sent to the correct person.
Step 7 – Enforce a child/medical support order
In cases where the non-custodial parent does not fulfill their obligations, enforcement measures can be taken. This includes things like income withholding orders, tax return interceptions, and property liens.
Step 8 – Modify a support order
Life changes, and so do support orders. If there is a change in living situation, income, or the child’s needs, the support order may need to be modified. You can request a modification through the court system.
Step 9 – Provide service for interstate cases
If either parent moves to another state, there may be additional legal steps to ensure that the child support order is enforced across state lines. This may require filing through the Uniform Interstate Family Support Act (UIFSA).
Step 10 – Close the case
Once the child reaches 18 or the case is no longer needed (for example, due to the death of the non-custodial parent), the custodial parent or state may request to close the case.
Child’s Birth Certificate and Paternity
The child’s birth certificate is a key legal document that records the child’s birth and the parents’ details. If the child is born to unmarried parents, the biological father may not automatically be the child’s legal father.
- Child’s Birth Certificate: Officially records the child’s birth and parent details.
- Biological Father: The genetic parent, but not always the legal father.
- Child’s Legal Father: The man legally recognized as the father, requiring a paternity acknowledgment or DNA test.
- Child’s Mother: Automatically listed as the legal parent on the birth certificate.
- Child Born to Unmarried Parents: Paternity must be established for the biological father to be the legal father.
The child’s birth certificate is vital for confirming parental rights and responsibilities.
Legal Father
The term “legal father” refers to the man who is recognized by law as the father of a child. This may not always be the child’s biological father, especially if paternity has not been legally established. In many cases, the legal father holds rights and responsibilities toward the child, such as child support and custody.
While the biological father may be the genetic parent, the legal father is the individual who has legal rights, which could include physical custody or visitation, depending on the court’s decision. In cases where the alleged father‘s paternity is in question or parental rights are disputed, seeking legal help is often necessary to clarify and ensure the father’s rights are properly recognized and enforced. This process ensures that the alleged father‘s role and responsibilities are determined according to the law, protecting both the child’s and the father’s legal interests.
Pay Child Support
When it comes to paying child support, the process typically begins with establishing paternity. If there is uncertainty about the biological father, a paternity case can be opened, and genetic testing is conducted to confirm the father’s identity.
After paternity is confirmed, the court decides the amount of financial support that the non-custodial parent must provide, taking into account factors like income and the child’s specific needs. The court order ensures that both parents meet their financial responsibilities and provides clear guidelines for the payment of child support. Paying child support is essential to ensure the child’s well-being, and both parents are legally obligated to follow the court order to guarantee proper financial support.