Unmarried Parents Still Owe Child Support

Just because two parents are unmarried does not mean that one or both cannot be ordered to pay child support by a Florida judge. This is because under state law, parents not only have parental rights, like the right to visitation with their child, but also parental obligations, which includes the duty to financially support their children. These rights and obligations apply regardless of the parents’ marital status, which means that a parent with primary custody can seek child support from the other co-parent even if the two were never married. Navigating child support and paternity issues can be complicated, however, which is why parents who are grappling with these issues are encouraged to work with an attorney.

Unmarried Parents Must Establish Paternity to Collect Child Support 

When two parents are unmarried and one is seeking child support, the parties will likely need to establish paternity. There are a few ways to achieve this, including through:

• Voluntary acknowledgment, where both parents sign an official document, either at the hospital or at later date, acknowledging the identity of the child’s father;
• The issuing of an administrative or court order, where a judge requires the parties to take a DNA test before making an official ruling on paternity; or
• The parents’ marriage after the birth of the child.

Once paternity of a child has been established, parents can move forward with making determinations regarding a visitation schedule and child support.

Determining Child Support for Unmarried Parents in Florida 

In Florida, courts use the Income Shares Model to determine child support. This standard takes a number of factors into account, including:

• Each parent’s income;
• The number of children that need to be supported;
• The child’s healthcare and medical expenses; and
• The number of overnight visits that the child has with each parent.

Courts will apply these factors to come up with a specific amount that the non-custodial parent will be required to pay on a monthly basis. Of course, what this number looks like will vary depending on the parties’ incomes, the child’s specific needs, and the parent’s ability to pay. In all child support cases, however, courts attempt to ensure that a child receives the same proportion of parental income that he or she would have received had his or her parents been married. Payments will be used to cover the costs of raising a child, including the cost of housing, food, clothing, schooling, and extracurricular activities.

Contact Our Largo Child Support Lawyers for Advice 

When contending with certain legal issues, unmarried parents face hurdles that married parents simply do not. At Cairns Law, we are well-versed in these issues and are eager to put our experience to work in helping you come up with a solution that best suits your family’s needs. Call our dedicated Largo child support attorneys at 727-683-1472 to get started. We are available for evening and weekend appointments if your schedule won’t permit an afternoon consultation, so don’t hesitate to reach out to us by phone or online message to set up a meeting at your earliest convenience.

Sources:

 floridarevenue.com/childsupport/Pages/paternity.aspx

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html