Divorce: Child Support FAQs

If my child support is in the arrears can I withhold visitation?

No. Child support and visitation are separate issues. You cannot lawfully withhold visitation if child support is past due. Conversely, one cannot lawfully withhold child support if they are not allowed visitation. Many states are working on methods to assist with visitation issues.

What are the benefits of establishing paternity?

Once paternity has been established, your child gains most of the legal rights that a child born within a marriage has. This includes, but is not limited to, child support, rights to the fathers medical and life insurance benefits, inheritance, social security and veterans benefits.

What if the alleged father denies paternity and refuses to take a paternity test?

As of October 1989, anyone involved in a contested paternity case must submit to genetic testing. If the accused father is served and fails to respond to the complaint against him, a default judgement will be entered in court establishing paternity. At the same time, a court order for support may be issued.

Can I have an attorney and still receive CSE services?

Yes. Your attorney can work with the CSE agency on your behalf.

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