Legal Help for Fathers With Child Support
- In child support cases, a court orders the noncustodial parent, typically the father, to pay the custodial parent, typically the mother, monthly child support. Child support helps to insure that the combined wealth and income of both parents is used to support the well-being of the child. Attorney Richard Coffee of DadsDivorce.com says many factors dictate the effective date for child support, including whether it's part of a divorce, separation, paternity or other family litigation. Depending on individual state laws, the effective date could be determined by the date of filing, the date of service, the date of separation, or the child's date of birth. Coffee says fathers who haven't been ordered to pay child support, but are paying anyway, should keep a record of their efforts---it could come in handy later.
- Before a child support order can be modified, the father has to show significant change in financial resources. Erica Christian says even if you have another child, previous children take precedence because they still need the same amount of support. She notes, however, that if you are involuntarily unemployed, your state might allow you to modify your child support payments to reflect the amount you currently receive through unemployment compensation. Christian says the father also needs to document that he's actively looking for work.
- A woman commits paternity fraud when she deliberately names a man as the father of her child when she knows he is not. Frequently, she engages in this deceit to collect child support. Christian said that just because DNA tests are available now to determine paternity, in many cases, the courts will not void the non-biological father's obligation to pay child support. Often, that's because the deadline to contest the child's paternity has passed.
Before signing a Voluntary Acknowledgement of Paternity (VAP) form at the hospital, Christian says, read the form thoroughly, because when the man signs the form, he waives the right to paternity tests and declares to the world and child support enforcement, that he is the father of the child. Christian says if a man has any doubts that he is the child's father, he should not sign the VAP; however, if the man signed, but does not believe he's the father, he should see a lawyer immediately. The VAP becomes binding after 60 days. She says a man should also see an attorney if he is a father by default---for instance, his wife has a baby by another man while still married to him.
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Paternity Fraud
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