Child Support for Children Born Out of Wedlock, Stepchildren, Adopted Children, and Artificial Insemination

Parents have a responsibility to provide for their children’s basic needs. Basic needs include clothing, food, shelter, medical care, and educational support. Not all families consist of married parents with just their own children. Families can change over time through divorce, remarriage, and adoption. Child support obligations can also change over time.

This is an overview of child support for unmarried parents, stepparents, and parents in other situations. Child support laws can be different in every state. If you have questions about child support in your situation, talk to a child support lawyer in your state.

Child Support for Children Born Out of Wedlock

Biological parents have to financially support their kids, even if they are not married. When a married mother gives birth to a child, there is generally a presumption that the partner is the other parent. However, the mother can establish paternity or legal parentage in other ways.

If parents are married, they are presumed to be the legal parents when they give birth to a child. However, the biological parents are still legal parents if they are never married, are married to other people, or get a divorce. As legal parents, both parents are still legally responsible for their children.

There are several ways to establish paternity. Depending on state law, you can establish a legal relationship for paternity with:

• Marriage presumption of parentage
• Acknowledgement of parentage signed by the second parent
• Court order to establish the other legal parent

If one person does not acknowledge they are the father of the child, the birth parent can get a court order for genetic testing. DNA testing can establish the other person is the child’s legal parent. The birth parent needs to establish paternity for the biological father to have a legal obligation to provide support.

The biological father has an obligation to provide support, even if they did not want the child’s mother to have the child. The biological father of a child has a legal obligation to provide financial support until the child becomes an adult.

Paying Child Support for Stepchildren

When a partner marries someone who already has children, they are generally the stepparent. Stepparents are not legal parents of their stepchildren. Generally, stepparents do not have a legal obligation to provide support. If you have children and remarry, your new partner does not have to provide financial support to raise your children.

However, if you adopt any of your stepchildren, you will then be the legal parent and guardian. When you adopt a stepchild, the child’s other legal parent will terminate their parental rights. After adoption, you will have the same legal and financial responsibilities as the birth parent. If you eventually divorce, you will still be the legal parent and financially responsible as the legal parent of the child.

Marrying Someone With Child Support Obligations From a Prior Marriage

If you marry someone with a child from a previous marriage, that parent might have to pay monthly child support to the custodial parent. Child support calculations take into account the parent’s income. After getting married, your household income will likely increase. However, your individual income is generally not considered for your partner’s child support calculations.

The court considers several factors to determine the amount of child support. If you don’t want your income going to your partner’s child support payments, be careful about keeping your finances separate. Talk to your attorney about how to protect your assets after remarriage.

Child Support for Adoptive Parents

Adoption is the process of becoming the legal parent of a child. Generally, children can only have two legal parents. There is a termination of parental rights and the adoptive parents take over as legal parents. Adoptive parents continue to be the legal parents, with full financial responsibilities.

If adoptive parents divorce, they remain the legal parents of their adoptive children. They have to determine child custody, visitation, and child support payments if they separate or get a divorce.

Artificial Insemination and Child Support Payments

Artificial insemination is an option in Assisted Reproductive Technology (ART) for parents who want a child. The legal rights and responsibilities of prospective parents and sperm donors depend on state law. In general, parents have greater protection when working with a licensed physician or sperm bank. Generally, a sperm donor working with a licensed sperm bank is not treated as the biological parent. Sperm donors generally don’t have a legal or financial obligation toward the child.

Private agreements involving surrogacy and artificial insemination may be more complicated. If a sperm donor and a conceiving mother make a private agreement, it may be more difficult to determine the child’s biological or legal father. This can all vary by state law. When considering ART for a child, talk to your family law attorney about your legal options.

Child Support Obligations Without Visitation

Child support and child custody are separate legal matters. Parents have separate obligations to follow court-ordered child support and custody orders. If the noncustodial parent isn’t paying support, you cannot cut off visitation. If the other parent won’t let you see your child, you can’t stop paying support.

If your ex is not allowing you to see your minor child, you must go to court to enforce the visitation and legal custody agreement. You cannot withhold child support as a way to enforce visitation rights. Child support orders are a legal obligation no matter how often you see your children.

Refusing to pay support can result in interest, fines, and contempt of court charges. The court can also put a lien on personal property, garnish wages, and withhold income tax refunds.

Child Support Help From a Family Law Attorney

Child support provides for a child’s needs generally until they reach the age of majority. When the court considers child support obligations, they make their decisions based on the best interests of the child. The court will try to make sure the child gets proper care, even if the parents are unmarried, or the child was adopted or conceived by artificial means.

For help with your child support obligations, talk to a child support attorney for legal advice.