If you are a teenaged single mother or are expecting a baby, you should know that your child has a right to be taken care of financially by both parents even if the child lives with only one parent. The financial obligation of the parent who lives apart from the child is called child support. This article describes how you can get child support. It assumes the child’s parents are not married, not living together, and that the child lives with his mother most of the time.

Fortunately, many fathers realize one of the great joys of fatherhood is being able to contribute to their children’s well-being and security. A father’s financial support of his children is one important way to show love and concern, and children know that. Fathers should be encouraged to share in their children’s upbringing in this way.

Some fathers are unable to support their children. Perhaps they will be able to later on. Others can, but won’t. He may dispute it, try to avoid it, or pay less than he can afford. A court can order a father to pay regular child support.

To start the process of getting a child support order, call Child Support Enforcement at 1-800-228-KIDS. If you apply for Temporary Family Assistance (TFA or state welfare), this process starts automatically.

Child support may not be enough money to take care of your child. If you have no other income, you may need to apply forstate assistance (TFA) to support you and your child.

• What is the State Child Support Enforcement System and how can it help me?
• Why establish paternity?
• Can I get child support and state assistance at the same time?
• Can I get TFA without also trying to get child support?
• Will paternity be determined at the hospital?
• What steps will the State take to establish support and make sure orders are paid?
• Things to consider
• For more information

What is the State Child Support Enforcement System and how can it help me?

Under federal law, each state must have a child support enforcement system to help families get child support from the absent parent. The program is both for families who are on state assistance (TFA) and for those who are not. If you are on TFA, services under the program are automatic. If you are not on TFA, you can apply for and receive these services, without charge.

The program can help you:

(1) locate the father,

(2) establish paternity,

(3) establish support,

(4) enforce support, and

(5) modify support.

Why establish paternity?

Once a man is legally determined to be the father of a child, he has certain rights and responsibilities of fatherhood. He must support that child according to his financial ability. In addition, the child could inherit from the father’s estate or be entitled to receive Social Security dependent’s benefits on the father’s account if the father dies or becomes disabled. And, the child benefits from knowing who his relatives are. Not only is there a psychological benefit, but it could be very helpful to have access to medical histories of relatives. Once paternity is established, the father has rights to visitation and custody. If the parents do not agree about visitation and custody, they might need to go back to court to resolve these issues.

Can I get child support and state assistance at the same time?

No. Except for the first $50 of child support, which will be paid to you directly, the rest of the child support that the State collects for someone who receives TFA goes to the State to pay back the cost of the TFA. If the monthly amount of your child support is greater than the TFA amount plus $50, you will not qualify for TFA.

Can I get TFA without also trying to get child support?

No, unless you fit within the exceptions listed below. When you apply for TFA, you give the State your right to get child support. This is called an assignment.

You will NOT have to give the State information about the father if:

• the father lied to you about his identity or other information,
• you cannot remember or get the information about the father because of a mental impairment,
• you are a victim of domestic violence, or
• you have another "good faith" reason for not being able to provide the information about the father.

Will paternity be determined at the hospital?

When you are in the hospital with your infant, you and the father (if he is there) will be asked if you want to acknowledge that you are the parents of the child. If you agree and complete the forms offered, a legal determination of paternity is made, just as if the court decided who the father was. Be sure you understand that once you sign, he is legally the father. New parents tend to be excited about the birth. So this may be an important opportunity, but the intense emotion of this time may also be a reason not to sign if you have any doubts.

What steps will the State take to establish support and make sure orders are paid?

The process starts with the State getting information from you. The State needs the father's name and social security number. Certain other types of information, such as make of car or employer, can be given if you don't know his social security number. If you apply for TFA, you will be required to give this information unless you fit within certain exceptions.

The State then tries to find the father and ask if he agrees he is the father. If he does not agree, the State offers DNA testing to determine whether he is the father. A pain-free DNA sample is taken from you, the child, and the claimed father by simply wiping the inside of the mouth with a cotton swab. If the DNA results show that he is likely to be the father, he may agree to sign an acknowledgment of paternity. If he does not agree, there would be a trial at which the judge (or a jury) would decide whether or not he is the child's father. Because DNA testing is so accurate, trials are not usually necessary.

Once paternity is established, a court order will be set, based on his and your earnings. The order will require that payments come directly from his paycheck. The State has many other ways of enforcing support such as attaching lawsuit winnings, unemployment compensation, bank accounts and other sources of money. The State can also threaten jail or revoke a driver's license if he does not pay the child support.

Things to consider:

• Paternity is much easier to establish close to the time of the child’s birth. As time passes, it may be harder to find the father. Even if the father has no ability to pay support now, he may later, so establishing paternity can help financially later on.
• Statutory rape. If you were between the ages of thirteen and sixteen, and the father was two or more years older than you at the time the child was conceived, the father could be referred for prosecution for statutory rape if you apply for welfare or child support services.
• Visitation and custody. Both parents may have claims for visitation and custody with or without a legal paternity determination. A support action does not address custody and visitation, and you may need to address these issues in a separate court case.

Did you know? Your child and you may qualify for health insurance? Call toll free 1-877-CTHUSKY (1-877-284-8759).

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on the laws in CT as of Jan., 2006. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.