The process of ending a relationship with someone you share a child with can be difficult, even if you were never married. In some ways, the process of splitting and getting custody and support is more difficult for unmarried parents. Here’s what you need to know about what steps a non-married parent can take to get child support.
Paternity Must Be Established
If you are not married to your ex-partner and want to seek child support, you must be able to legally prove that they are the biological father of the child. To do this, you’ll need to have a paternity test done. While at-home paternity tests are less expensive than those conducted by a laboratory, they’re not accepted in Florida family courts. A family law attorney can help you locate a doctor’s office or lab that can perform the test and provide you with court-admissible results.
Custody and Visitation Must Be Established
Once the child’s biological father is determined, a custody and visitation schedule must be set. This is because how much time the child spends with each parent plays a role in how much the primary custodian is paid in child support. For example, the parent of a child who spends 50% of their time with the other parent will likely be responsible for paying less child support than the parent of a child who spends 95% of their time with the other parent.
The Non-Custodial Parent Must Show Their Financial Status
How much child support the non-custodial parent is ordered to pay also depends on their ability to pay. Although it’s a common worry that a court will order a parent to pay more than they can afford, this shouldn’t happen. The non-custodial parent must disclose their financial status to the court, including how much income they earn, if that income is regular, and what the source of the income is.
Then, the court uses an established formula to calculate what percentage of that income should be used to support the child. How much time is spent with the child is then factored in and the amount of support may be lowered.
How to Get Help Petitioning for Fair Child Support From Your Ex
To learn more about the nuances of child custody, visitation, and support for unmarried parents or to schedule your consultation with an experienced Naples family lawyer, contact Kevyn Noonan Hayes, P.A. by calling 239-591-6248.