Home Cases Tried and Role of Court What You Need to Know About Child Support Cases

What You Need to Know About Child Support Cases

What You Need to Know About Child Support Cases

Family law courts are often used in
cases in which one party aims to obtain
child support payments from another. Such cases might work the other way, as
well, however, as a party currently held responsible for child support might be
suing to have their responsibility for paying child support relieved. It is
entirely likely that the party suing for family law child support is the mother
of the child, and the party that might be suing to have the responsibility for
paying child support removed, would be the supposed father of the child. It is
important to differentiate, here, between the actual father of the child and
the supposed father of the child, as some of the cases in family law courts
concerning child support due in fact, concern a father who is not actually the
biological father of the children in question, and who has simply been led to
believe that he is the father by what the mother has told him.

 

The biological father of a child is
almost always required to pay family law child support, meaning child support
as determined by family law. The primary difficulty with this statement is that
it is sometimes difficult to determine who exactly the father is, if the mother
is single, and complications can arise even if the mother is married, as she
may have cheated on her husband, and the husband may not actually be the
biological father of the child. In an instance in which the mother is single,
the father will be required to pay family law child support under law if he is
established as the acknowledged father, which means that he would be
acknowledged as the father of the child either by his own admission or by
agreement between the parents of the child (including this father). Many
proceedings for family law courts actually involve cases in which the single mother
is attempting to establish
paternity, however, the supposed father does not accept or agree to assume
the responsibilities of the acknowledged father. Any given father can be
considered the presumed father of the child in question if he fits certain
criteria. A presumed father must pay family law child support. The criteria for
determining if a given father is a presumed father are as follows:

     If the man in question was married to the mother at the time of the child’s conception or birth,
then he is the presumed father.

     If the man in question was supposedly married to the mother, but
for some reason the marriage is declared as invalid, and the child was
conceived or born during the supposed marriage, then the man is the presumed
father.

     If the man in question marries the mother of the child after the
child is born and agrees to support the child, then the man is the presumed
father.

     If the man in question agrees to take the child into his home and
support the child, then the man is the presumed father.

 

Family law
courts may be involved in confirming that the man in question was the presumed
father of the child. Furthermore, family law courts may be involved in issuing
orders to have an actual
paternity test taken. Though men can submit to paternity tests voluntarily, the
court can order them taken involuntarily, in order to determine paternity.

 

Once the tests
are taken, and paternity has officially been determined in some capacity, then
the court can issue child support payment orders, to ensure that the parent who
must make child support payments does so. In order to ensure family law child
support payment, the court may order a garnishment of wages, for example, and
the court may issue penalties such as license revocation in order to force the
parent to pay family law child support.

 

In any instance
in which the child is cared for by the father, and not the mother, the same
rules apply. The mother must still make family law child support payments, and
if she does not, the father can sue her in family law courts to ensure that she
either makes such payments or faces some penalty.

Comments

comments

<