Does a Father Have the Right to Receive Child Support?

father's rightsWhen discussing child support, father’s rights are typically not part of the conversation. It is usually assumed that the father is the one paying the child support, not receiving it. However, times are changing and many fathers are finding themselves on the receiving end of financial support designed to ensure the well-being of their children. Our expert father’s rights lawyers provide free consultations to help struggling father’s understand their rights.

Father’s Child Support Rights

Fathers child support rights are equivalent to that of mothers. Child support is intended to cover the care and upbringing of the child. It may include food, clothing, medical costs, educational expenses, entertainment, and fees for extracurricular activities. Each state has individual guidelines regarding the amount of child support a parent may need to pay. Financial needs of the child, parental income and ability to pay support, and the amount required to maintain the existing standard of living for the child are all considered.

Mothers and father’s rights to child support are based on custodial parent status. If parents share custody, both are considered custodial parents. However, a large disparity in incomes of the parents may make it necessary for one to pay child support. If the father stayed at home to raise the children while the mother served as the household breadwinner, the father will probably be entitled to child support if the parents end their relationship.

There are many ways for a father to request child support to which he is entitled. Through informal negotiations, mediation, or collaborative law, parents can decide child support without going to court. If they cannot come to an agreement, a court order may be required. Regardless of which approach they take, male parents should consult with a father’s rights lawyer to ensure that their rights are protected and enforced.

A written document detailing the child support arrangement is recommended to legally finalize the discussion. This agreement is typically presented to a judge for approval, ensuring that it complies with state guidelines regarding child support. This process may involve an informal court hearing and once court approval is granted, the agreement becomes a decree, a binding court order to which both parents must adhere.

If a father is awarded child support and the mother repeatedly fails to make payments, she is considered to be in violation of the child support order. The male can then take legal action to enforce dad’s rights to child support payments. If the mother fails to meet her obligations under this order, she will face additional fines and could be subject to jail time. Establishing your father’s rights to child support is an important part of being a good parent as a father–fight for your rights by getting a free evaluation.

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About the Author
Nicholas Baker is a practicing family law attorney with over a decade of experience handling divorce, child custody, child support, and domestic violence matters in the courtroom. Attorney Nicholas Baker believes in providing family law information for individuals so that they can make an informed decision about their own family law matter.
  1. Marsha Reply

    MOU 9/16/14, shared legal custody of child. Sep-Jun father shall exercise custody every other Fri 7-Sun 4, Jul-Aug father shall exercise custody Sun 4-Fri 7 and every other weekend while mother has every other Fri 7-Sun 4

    8/6/14 Mother files for support for approximately $561 month

    Agreed MOU 8/30/14 between parents of mutual drop off location, father pays school lunches on account, health insurance/co-pays/out of pocket costs split 50/50, holidays split, discuss/agree on medical, sports, travel/vacation by both parents, income taxes filed by father even years

    Proof of childcare, clothes, food before 8/6/14 not admissible in mediation/hearing. Child is in school full-time but Mother wants Father to pay $70 weekly co-pay (child care subsidy) for family member to care for child two hours daily (amount is same as full day care of which father and mother each paid $140 monthly)

    What advice or recourse should be taken after notice of determination of estimated $561 in support request?

    Thank You

  2. Billie Millington Reply

    I’m fighting for my two sons from their father who I feel is unfit to have them. Last we had a hearing that neither of us were in the room for and the person hearing the case awarded him custody of our two boys. We were apart for about 7 months then got back together with each other for 5 months, then after things turned south between us we split again and he’s still trying to say that the order that was placed in affect to this day. I don’t believe that the order is good anymore since we were together for so long. We both live in Pa. Is the agreement still in order I would like to know?

    • Nicholas Baker Reply

      Give our Pennsylvania child custody lawyers a call right away or fill out the form on our site and we’ll have someone call you. There are many things involved here, too much to give a definitive answer right here – we need more information.

  3. scott Reply

    Im a father of 2 girls and I have custody the mother does pay child support and never shows up for her visitation to see her kids. Every time she calls she has a new number and no stable place to live either, I wanted to travel to a different country but she refuses to sign for a passport. To make matters worse I had a job offer in a different state and I can’t even get it because she is no were to be found, what can I do?

    PLEASE HELP

    • familylawrights Reply

      You need to immediately file a Petition for Removal. This will get you in front of a judge that, after hearing your story, may approve you leaving the state you are in. Good luck!

  4. Christopher Thomas Reply

    Hello, I am a father of two, and I am in need of major help! I am divorced and they have me on child support, the state only views my financials, as my childrens mother has a job, teaches, and recieves child support! I am unemployed, and now homeless, I have notified the state of my situation, to get the child support released, or reversed so she can pay, I am denied all types of help one would think they can get from the state due to when the judge finalized our divorce, they gave her primary placement of our kids….I am only able to see my children according to a very old work schedule….a 2/2/3….this is very depressing and very stressful………I have not been able to feel what it feels like to spend multiple nights with my children, or to have multiple mornings waking up with them either………
    I am tired of being denied nights to spend with my children I am their father I know I must have some rights please can someone help!!! If anyone reading this please help…..I only get $192 a week from unemployment, due to child support taking out……i dont understand why all this time she has had these jobs and I would watch the children they did not see that…..I am afraid she is going to take them out of the counrty as she is from Nigeria….I know I have rights as an American….as a Male……as their father to stop such an action…..please someone help……..I do not have many friends left as I have found they have been helping her do as she has been doing……I need the help of someone who can understand this pain,,,and my financial situation…..I love my children they are the reason I continue to fight and seek help……Thank you all for reading!

    • familylawrights Reply

      First, you need to understand what child support is. The parent that has the children gets the child support because they need money to pay for the kids. If she has the kids, you would not be due any child support, does that make sense? As far as getting your support lowered, you need to hire an attorney or attempt to file, on your own, a Petition for Abatement or Modification of Child Support. This would be based on you having no/little income presently. But you will not be receiving child support since she is the custodial parent and the money is supposed to be for the children, not for you or her. Good luck, and file your petition soon so you can get the support amount lowered as soon as possible!

  5. Samuel Rosete Reply

    Im a father of two, and my wife has been avioding me since aug 2012 until now.i been trying to call txt and even go to her place just to see my kids. she would call the cops if i go there even without no reason.there are more to this story that i really cant understand about her… i need help on what to do with this issue

    • familylawrights Reply

      You need to file a Petition for Dissolution of Marriage, and also a Petition for Temporary and Permanent Visitation. You ask the court to grant you visitation and once done, if she does not allow you to see your kids, you have her held in contempt of court for violating the courts order. Get started immediately by speaking with an attorney for a free consultation. If you really want to fight for your kids, get a second job, save money, do whatever you have to do to get the help you need! your family deserves your effort!

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