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Child Support and the Law

11:32 pm in Home by admin

  

When couples divorce and children are involved, the subject of child support will to come up. How a parent deals with the child support issue is going to affect their future and the future of the children. Knowing how Child Support is enforced in the United States and Canada may help many fathers understand how they can avoid getting into trouble by not following the rules.

Child Support Non Compliance

This is when the non-custodial parent avoids paying, or simply refuses to pay any child support. Typically society views these parents as “deadbeats” and a very unfavorable image is portrayed of them. However there are often many reasons why the non custodial parent may choose not to pay child support. Reasons such as to protest the lack of visitation rights, or the lack of proof that the money is actually being spent on the kids are the most common reasons. The other being simply that they cannot afford to pay.

What Can a Government Agency Do?

Many agencies (State, Provincial and Federal) have taken steps to intervene when a parent is in noncompliance of payment. Such actions typically are suspension of driving privileges, or perhaps suspension of a business or other professional license. This can occur because the Government entity usually has the ability to oversee the licenses that are granted within their State or Province.

In cases where the parent has failed to pay for an extended period of time, it is possible for the Government agency to garnish wages directly from the parent. This money is then typically disbursed to the custodial parent by the agency that oversees the collection of child support monies…
In worse cases of noncompliance the Government can send the deadbeat to prison. This is typically the last resort, and worse case scenario since no one really benefits from this arrangement as the parent cannot pay if he is not earning. However, it does place the parent under more stringent observation, such as having to report to a parole or probation officer. And these parents will typically find a way to pay, knowing that they could be returned to prison if they do not.

Failure to pay child support is not really an option of protest for a parent. If a court has ordered the payment of child support, and all other legal remedies have been exhausted, it is obviously in the parent’s best interest to pay up.

Can You Withhold Visitation for Unpaid Child Support?

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A Guide to Paternity Testing

10:33 am in Home by admin

When a child is born a birth certificate is filed which names his parents.  Establishing the mother’s identity at birth is usually a simple matter as she is physically connected to the infant.  Establishing the father’s identity may not be as straightforward, and sometimes requires a paternity test.

Legally, paternity is usually established at birth.  If a married woman gives birth, her husband is assumed to be the father.  If she is unmarried, her partner can file an AOP, or Acknowledgement of Paternity, and he will be listed on the birth certificate as father.  The birth certificate is filed with the Bureau of Vital Statistics, and after a 60 day period during which information can be amended, establishes the legal parents of the child.

Sometimes establishing paternity can be complex.  If a woman is married, but her husband is not the child’s father, the biological father must file an AOP, and the husband must file a Denial of Paternity.  If a woman gives birth who has had two or more sexual partners, she can pursue paternity testing.  A partner may willingly test if he wants to establish paternity or prove he is not the father; or the court may have to intervene and order that paternity testing be done.

A paternity test involves taking DNA samples from both the possible father and the child.  Samples can be obtained from the man by drawing blood or by taking a cheek swab.  A sample of the child’s DNA can be obtained from tissue taken from the infant’s umbilical cord.  Or, a sample can be collected from an unborn child while the mother is having prenatal testing; either amniocentesis or Chorionic villus sampling.

DNA samples are then compared, generally using one of two methods.   Polymerase Chain Reaction, or PCR, is a recently developed method of analyzing DNA.  PCR offers quick results, returning answers within a few days.  In addition, PCR requires only a small amount of sample, making it compatible with the less invasive cheek swab. The other commonly used method of DNA analysis is Restriction Fragment Length Polymorphism, or RFLP.  RFLP has been the method of choice for laboratories for years, offering a higher degree of accuracy than PCR.  RFLP tests a larger sample of DNA, and so is generally used with a blood sample. The drawback of RFLP is that results take longer to obtain, as much as two weeks.  Reliability of results may be important if paternity is being legally contested. Results will either conclusively rule out a man as the father, or confirm with 99.99% certainty that he is the infant’s biological father.

Establishing paternity is very important for a child.   Socially and emotionally, it is beneficial for a child to know who his biological father is, even if that father is not present.  Financially, establishing paternity safeguards the child’s legal rights, ensuring his eligibility for any child support, social security benefits, veteran’s benefits, medical insurance, or inheritance that he might be entitled to from his father.   Additionally, it may be medically necessary to know about a child’s genetic history in order to quickly diagnose a genetically inherited disease.

Paternity tests are readily available, from Internet and drug store kits to accredited DNA laboratories.  Prices run from $100 for the do-it-yourself variety, to a range of $400 to $2000 for testing conducted at an accredited lab.  Unless testing is done simply to satisfy curiosity, it is probably a good idea to choose a lab accredited by the American Association of Blood Banks, especially if results may be needed to stand up in court proceedings.