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Is a father who never married the mother still required to pay child support?

The short answer to this question is yes. When a mother is not married, however, it's not always clear who the father is. An "acknowledged father" is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. Acknowledged fathers are required to pay child support. Additionally, a man who never married the child's mother may be presumed to be the father if he welcomes the child into his home and openly holds the child out as his own. In some states, the presumption of paternity is considered conclusive, which means it cannot be disproved, even with contradictory blood tests.

Do I have to pay child support if my ex keeps me away from my kids?

Yes. Child support should not be confused with custody and visitation. Every parent has an obligation to support his or her children. With one narrow exception, no state allows a parent to withhold support because of disputes over visitation. The exception? If the custodial parent disappears for a lengthy period so that no visitation is possible, a few courts have ruled that the noncustodial parent's duty to pay child support may be considered temporarily suspended.

No matter what the circumstances, if you believe that your ex is interfering with your visitation rights, the appropriate remedy is to go back to court to have your rights enforced rather than to stop making support payments.

How long must parents support their children?

Biological parents and adoptive parents must support a child until:

  • the child reaches the age of majority (and sometimes longer if the child has special needs or is in college)
  • the child is on active military duty
  • the parents' rights and responsibilities are terminated (for example, when a child is adopted), or
  • the child has been declared emancipated by a court. (Emancipation can occur when a minor has demonstrated freedom from parental control or support and an ability to be self-supporting.)

Copyright 2005 Nolo

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Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

 




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The Law Offices of Michael R. Magaril
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Westfield, NJ 07090
Phone: (908) 389-0100
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Email: mrm@magaril.com