Is A Father Who Never Married The Mother Still Required To Pay Child Support? What If The Father Is Not Allowed To See The Child?

Regardless of marital status, an ‘assumed father' is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing.  Assumed fathers are required to pay child support. Additionally, a man who never marries a child's mother, but welcomes the child into his home and supports the child as his own may gain a ‘presumed' father status, and in California, the presumption of paternity holds the same rights and responsibilities of an assumed father, in regard to parental liability and monetary support.

Every parent has a financial obligation to support their children, and child support should never be confused with custodial or visitation rights.  There is no state which permits a parent to withhold child support because of disputes over custody or visitation.   If a non­custodial parent believes their rightful child visitations are being disrupted, it is recommended to contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation.  However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments as made for child support on behalf of the non­custodial parent would cease.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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