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Child Support Enforcement Agency - Paternity

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1. Why should a father support his child?

Establishing paternity is the right thing to do! Every father who brings a child into the world should accept his fair share of the financial, legal, and emotional responsibility.

A father can experience the reward of contributing to the growth and development of another human being – his child.

A father can enjoy a relationship with his child. Through active involvement, the father is often seen by the child as a provider, a role model, and a friend who promotes mutual love and respect.

2. Why establish paternity?

Identity: All children have the right to know their mother and father.

Money: Frequently, children supported by only one parent are poorer than children supported by both parents. They need child support. In order to get support, paternity must be legally established.

Medical: Your child needs to know if he or she has inherited any special health problems. Also, it might be possible to obtain medical insurance for your child through the father’s employer, union, or military service.

Security: Fathers who support their children when they are young are more likely to continue to pay support until they become adults. If you wait, the father may decide to deny paternity which could make your child feel unwanted or unloved.

Survivor's Benefits*: If the father dies, your child could qualify for a number of benefits, including Social Security, pensions, inheritance rights, veterans benefits, and life insurance.

*Unless legal paternity has been established, your child may not be able to claim these benefits from his or her father.

3. How is paternity established?

Not all states establish paternity the same way but, in general, there are two ways in which paternity can be established:

If the man you name as the father of your child agrees he is the father, he will be asked to sign an official form stating he is the father. In many hospitals and clinics, these forms are available to parents immediately following the birth of their child. This form will be used by a judge or a hearing officer to legally establish paternity. In many states, you do not have to appear in court to establish your child’s paternity.

If the man you name as the father of your child denies being the father, or if you are unsure of who the father is, blood/genetic tests can be done.

Usually a father will admit paternity when results of blood tests show he is the biological father of a child. If the father continues to believe he is not the father, he is entitled to a court hearing on the matter. At the hearing, a judge listens to both sides and looks at the test results.

4. What happens after paternity has been established?

You may seek financial support for your child in order to help pay for necessary living expenses. Under the law, your child is entitled to this support.

The amount of your monthly child support payment is decided by the laws of the state in which you live. Child support orders require that the father provide financial support for his child until he or she becomes eighteen [(18) or older depending upon state law].

5. How long after a child is born can paternity be established?

Federal law requires states to allow a paternity action to be started anytime before the child reaches the age of eighteen (18) or later depending upon state law.

6. What if the father is unemployed or in school?

Regardless of the father’s current situation, his legal responsibility should be established as quickly as possible following your child’s birth. His support level (monthly payments) is based on his income level. When the father gets a job, collecting child support will be easier if paternity is already established.