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Blog 2020 June Do I Need To Establish Paternity To Receive Child Support?
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Do I Need To Establish Paternity To Receive Child Support?

Posted By Kathryn Marteeny || 3-Jun-2020

Traditional gender roles are changing across the world, and the Lone Star State is no exception. Not too long ago, it was highly unusual to think of a mother paying child support to a father. Today’s world works differently. Men aren’t always the breadwinners. They can be stay-at-home dads, or they might be working part-time and going back to school. Whatever the case, in a divorce, it’s unreasonable to automatically assume that a mother will receive primary custody.

In the state of Texas, only a legal father may collect child support. If a man is the biological father of the child, he needs to establish paternity to have legal rights.

Paternity

“Paternity” is the term that indicates a child’s legal father. Even when a man is a child’s biological father, he may not have legal paternity. In the state of Texas, when parents are unmarried, the father has no legal rights to the child until he establishes paternity.

When both parents agree to paternity and want it legally established, they need to work with a certified professional and file an Acknowledgement of Paternity form. AOP-certified entities can be found here.

Surprisingly, a minor may sign this form without a parent’s consent. This permission may be a way to curb “deadbeat dads” from abandoning their kids, but it also carries problems of its own. If the information is false, the man now needs to revoke paternity. Within 60 days of filing an AOP, the alleged father needs to file a Rescission of the Acknowledgment form, which will annul the paternity. If there is a court hearing on the paternity, and that hearing is less than 60 days from filing the AOP, the father has until that court date to file his Rescission of the Acknowledgment.

Child Support in Texas

To calculate child support, Texas uses the “percentage of income” model. It’s one of the few states that uses this system. Put simply, the state asks for a percent of the non-custodial parent’s net income. The more kids a couple has, the higher the percentage of income is used for child support. Texas’s child support chart looks like this:

  • For one child, the non-custodial parent pays 20% of their net income on child support.
  • For two children, the non-custodial parent pays 25% of their net income on child support.

The percentage goes up by five for every additional child. Having three children demands 30%, and so forth. The percent stops at40% for five or more children. Judges may also order extra support for healthcare, daycare, and educational expenses.

To collect child support, a man must be the child’s legal father. When he is the child’s biological father, and the couple is unmarried, he needs to file for paternity to gain his legal rights.

If you have concerns about establishing paternity or child support, we can help. Consultations are free and there’s no risk involved, so call today at (713) 936-2300 or contact us online.

Categories: Divorce, Family Law, Child Support

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