Who Has to Pay Child Support? Text Size:

Child support is money paid by one parent to another parent, for their minor child's benefit, typically after the parents' relationship ends. The support payments make sure that the child's expenses are paid. Most often, the question of who pays child support is answered in a divorce. Today, parenting occurs in many non-traditional families. As a result, the question of who pays child support may have a broader answer.

After Divorce

Every state allows a court to order a non-custodial parent to pay child support after a divorce. Each state has laws or guidelines that determine how child support is calculated. The payments are made to the parent who has custody of the child. A parent who fails to pay child support can face criminal charges. Ending a marriage doesn't end parenthood.

In most states, if divorced parents remarry each other, a prior child support order is set aside.

After Annulment

An annulment is a statement by a court that no marriage existed between the parties even if children were born during the marriage. Most states have laws that allow a court to order child support after the annulment is entered. If there's no state law, courts can still order child support based on the public policy that requires courts to protect children's rights.

Unmarried Parents

Children born to unmarried parents are entitled to support if the parents separate. Before starting child support, it's essential to identify the father. This is done by the father admitting paternity or the mother filing a paternity case. The most accurate way to establish paternity is through DNA testing.

Although there's no consistent law for unmarried same-sex parents, California requires child support after same-sex parents' separate.

Stepparents

Generally, a stepparent doesn't have to support a stepchild during a marriage to the natural parent. There are two exceptions to this general rule. First, if a stepparent establishes an in loco parentis relationship with the stepchild. Basically, the stepparent intends to treat the stepchild as their natural child. Also, several states have laws that create a duty for a stepparent to support a stepchild during the marriage to the natural parent.

There's no duty for a stepparent to support a stepchild after divorcing the natural parent. However, a stepparent can agree in writing to support a stepchild after divorce.

Grandparents

In general, grandparents don't have a duty to pay child support for their grandchildren. This is true even if the parent of the grandchild is under the age of 18. However, if a grandparent voluntarily assumes the role of a parent, or establishes an in loco parentis relationship, the grandparent may be obligated to provide the grandchild with support. Additionally, several states have laws that make grandparents liable for supporting their minor child's baby.

Questions for Your Attorney

• As the custodial father, can I get support from the child's mother?
• I never married the mother of my child. Can I pay her one lump sum for child support?
• Does my state make grandparents pay child support?
• My ex-wife got remarried, do I still have to pay child support?
• I'm a stepparent. Do I have to support my wife's kids from her previous marriage?

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