What are a Fathers Child Support Rights?

We hear and read many stories about fathers having to pay child support. There are far fewer examples of fathers receiving child support from the other parent. Many child custody cases overlook a fathers child support rights. This can leave fathers without custody of their children or with some form of custody but without the finances required to support their upbringing. Child support is intended for raising children and custodial fathers are entitled to it just as much as mothers are. Fathers child support rights are equal to that of a mother.

A custodial parent has primary physical custody of the children and is responsible for their daily care. Though it is not as common, a court may designate a father as the custodial parent following a divorce and child custody dispute. Alternatively, a father may naturally become a custodial parent if the mother makes no effort to obtain custody of the children. When this happens, you need to be aware that a fathers child support rights are the same as a mothers rights.

When parents share custody of their children, both are considered custodial parents. If the mother earns substantially more than the father, she may be required to pay child support. With more dads agreeing to be stay-at-home parents during a marriage, more moms are finding themselves paying child support that fathers use to care for children in their custody.

Child support is not a given, which makes a comprehensive knowledge of father’s child support rights important. If paternity is in question, the male should establish legal fatherhood. Once the father gets a child support order from the state child support services agency, services regarding child support enforcement and collection may be available. The organization can even help fathers track down the location of mothers who fall off the radar after being notified that they must pay child support.

Child support calculations vary by state and are dependent on whether joint or sole custody has been awarded. They are based on financial needs of children, needs and income of the custodial parent, and income of the parent responsible for paying child support. A father’s rights lawyer ensures that fathers receive the amount of child support to which they are entitled. Though the court makes the final decision, this legal professional can prepare a compelling case.

Fathers child support rights include the ability to challenge a child support order. A judge must approve any revision and having representation from a father’s rights lawyer can make this process go in the father’s favor. Temporary or permanent modifications to child support can make it easier for fathers to provide an adequate level of care to their children.

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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. Jason Reply

    I am currently court ordered to pay child support and am paid up to date. I recently lost my employment and have now been working day to day labor I don’t know how to go about modifying my court order to decrease the amount of child support paid due to loss of income. I also am engaged and living with my future wife and her 3 children which I help support can this change the amount paid to the mother of my child also? thank you

  2. ace Reply

    if the individual receiving child support marrys, is the other party obliged to pay the same amount of child support

    • familylawrights Reply

      Every state handles child support in different ways. Some states do not take into account the amount of money a custodial parent makes or the amount of money that the noncustodial parents new spouse earns as well. A few states do not follow the normal strict percentage of income model. If you are in Arizona, you can read about the way child support is calculated here: http://www.azcourts.gov/Portals/31/Child%20Support/CSG2004.pdf
      Arizona follows the income shares model of child support. both parents income is taken into account and child support is factored according to a detailed formula. If you are in Arizona, child support is very tricky and you will need to speak with an attorney for a free consultation to go through all of your personal details. Read the link above–it is confusing, speak to an expert for free and find out what your rights are.

  3. David Reply

    What happens when a temp support order has been issued based on my pay stubs, but the mother has income she is not declaring such as doing individuals hair and promoting a product and being paid cash and not declaring it. What can I do to prove she has more money coming in than she states. Isn’t her income considered in this equation?

    • familylawrights Reply

      It depends what state you live in, contact one of our local experts. Some states take into account both parties income to determine the amount of support that should be paid and by who. Other states issue a set amount based on the noncustodial parents net income. If you live in this kind of state (typical), her income does not matter. If you live in the type of state where the total income of both parties matters, then yes, through the discovery process you can find out some information such as what her monthly bills are and bank account information. IT is tough, hire an attorney who can help!

  4. victor Reply

    Yo soy el padre de nathalie n gonzalez,se gue yo como el padre de nathalie mi dever es pagar una manutaancion pero yo en estos momento yo soy desabilitado,yo vivo de la ayuda federal conocido vomo S.S.I. y por estas razon yo me siento considerado para ser perdonado la deuda de chilsupport.

    • familylawrights Reply

      Child support and disability is tricky, we can’t just give you details with this little information. Please give us a call!

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