Child Support: What Are a Father’s Rights?

Child supportHistorically, a mother’s right to child support is the basis of most conversations within the court system when it comes to custodial agreements. Conversely, recent years have seen an upswing of father’s gaining primary custody and being the ones to receive support. For men on the receiving end of child support, there can be questions about which father’s rights they are entitled.

Child support is traditionally defined as court-ordered payments to assist with the care of a child. Support payments can be utilized for a range of needs including clothing, meals, medical necessities, tuition, and expenses associated with sports or extracurricular activities. Each state has specific guidelines regarding how much support will be required, taking into account various factors such as income and financial needs of the child.

Custodial parent status also plays a role in determining the amount of support that will be required. If one of the parents is granted primary custody, they become what is called the custodial parent and are usually entitled to support payments. If the parents share custody, both are considered custodial parents making the issue of child support more complicated; a large difference in parents’ incomes can determine who will receive support even in a shared custody situation.

A father’s right to child support is 100% equal to the mother’s right and there are a few different ways men can request the support they need for their children. Informal avenues include mediation where both parties agree to child support arrangements without going to court. In the event a decision cannot be made, the father can request a court order and go before a judge to receive child support payments.

Whether a decision on support is agreed upon informally or by court mandate, a legal document outlining the details of the agreement should be drafted and approved by a judge to ensure all state guidelines are met and to create a binding court order in which both parties must follow. Throughout the entire process, a lawyer specializing in father’s rights should be consulted to guarantee that all rights are enacted and protected.

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When a father is granted child support payments and the mother fails to pay on a regular basis, she is considered to be in violation of their court agreement. Legal action can be taken to enforce the father’s rights and if delinquent or non-payment continues, the mother can face additional fines and even jail time.

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