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 Illinois Question and Answer Handbook for Noncustodial Parents: A question and answer resource on paternity establishment and child support Acknowledgments The Ford Foundation, Charles Stewart Mott Foundation, and Public Welfare Foundation generously provided support for this handbook. All of the ideas, opinions, and legal interpretations presented in this handbook are explicitly those of the Center on Fathers, Families, and Public Policy. It should not be assumed that the foundations providing support for this work share them. This Question and Answer handbook is based solely on Illinois law and is only accurate for the state of Illinois. It was produced on June 1, 2000, and does not reflect any changes in Illinois law since that date. This handbook provides only general legal information surrounding the Illinois child support system. It is not advice about your particular legal problem. If you can afford it you should consult an attorney for your particular legal problems. CFFPP would like to thank Margaret Stapelton of the National Poverty Law Center for her extremely helpful comments on early drafts of this brochure. CFFPP would also like to thank Joseph Mason Senior Public Service Administrator of the Illinois Department of Public Aid for his help in providing invaluable information in producing this handbook. In addition, CFFPP appreciated the help of Revin Fellowes of Family Focus in Chicago in producing this brochure. Finally, CFFPP greatly appreciated the insightful comments of the non-custodial fathers that reviewed this handbook before it was published. These fathers include: Willie Mo, Mithcell Climons, Anthony Perkins, Rich Higgins, Dennis Tubbs, Edward Nash, Steven Williams, James Mull, Lee Jones, Zaki A. Muhammad, Henry Smith, Abel Ceaser, and Jesse Murphy. 
Table of Contents Effect of the Federal Welfare Laws The Top Ten Things You Should Understand In Negotiating The Illinois Child Support System Questions Surrounding: Paternity Establishment
Child Support
Custody and Access
Introduction Every day in the United States, thousands of children are born to unmarried parents. Most of these parents, as do most married parents, heartily and lovingly welcome their children into their lives and into their world. However, the problems and concerns faced by parents who are young, poor, unemployed, underemployed, or unable to work are particularly complicated and sometimes can seem insurmountable. The subject of this handbook is the legal challenges faced by young, poor, unemployed or low-income, unmarried Illinois fathers. Many of these men are (or would be if they were in better economic or social circumstances) interested in establishing a legal and personal relationship with their children. Most of the men in this population want to be good parents and, to the best of their ability, want to support their children financially, emotionally, and physically. There is a pervasive public perception, however, that a connection exists between out-of-wedlock childbirth and the high cost of welfare to individual taxpayers, and that unmarried fathers are "deadbeat dads." In accordance with these public sentiments, an aggressive child support enforcement system has been created through federal, state, and local law and policy to ensure that a child support order is entered for each child and that money, in the full amount of the order, is collected. For an unemployed or low-income, unmarried man, even one who is genuinely interested in serving the best interests of his children and attending to their financial needs to the best of his ability, this system can be difficult to negotiate. The Center on Fathers, Families, and Public Policy created this handbook to acquaint the reader with the Illinois child support enforcement system and to highlight the legal processes involved in paternity establishment and childsupport enforcement. You should read this handbook with the understanding that any individual faced with the situations outlined here would benefit greatly from assistance from a legal professional. Effect of the Federal Welfare Laws The federal welfare Personal Responsibility and Work Opportunities Reconciliation Act (PRWORA) of 1996 has greatly affected the way that Illinois conducts the business of its paternity establishment and child support enforcement systems. Alleged fathers, particularly those who cannot afford legal advice, must be aware that the federal government has set a goal of establishing paternity for at least 90 percent of all children born out of wedlock. The new federal and state laws were designed to ensure that this goal is reached, and the Illinois child support enforcement system is motivated to reach this goal. For example, Illinois does not allow an unmarried man's name to be added to a birth certificate unless he has signed a Voluntary Acknowledgment of Paternity form or there has been a legal determination that he is the father. In addition, Illinois can reduce welfare benefits if their mother does not cooperate in establishing paternity and obtaining support, unless the mother has good cause. Establishment of paternity for all children is a valid goal and, arguably, in the overwhelming majority of cases, a legal finding of paternity is in the best interests of all concerned: mother, father, and child. In situations where the alleged father is actually the biological father these new laws will not have an unjust impact. However, if a man does not understand the meaning and possible consequences of documents signed by him or presented to him, or if he is unable to comprehend legal processes, child support laws and policies may have an unfair result. Legal Services Most people would, if they could afford it, hire a lawyer to handle matters as complicated and serious as establishing paternity and setting child support orders. In paternity cases, such legal assistance is advisable, even if the alleged father does not doubt that the child is his. However, the reality is that many low-income, unmarried fathers cannot afford such services. The Center on Fathers, Families, and Public Policy developed this handbook as a source of information for alleged fathers and for social service professionals who are trying to help those men negotiate the paternity establishment and child support enforcement systems. The Top Ten Things You Should Understand In Negotiating The Illinois Child Support System
Paternity Establishment In Illinois, how can I get my name on my baby's birth certificate? If you were married to the mother of the child when the child was born or conceived, your name will automatically appear on the baby's birth certificate. The only way that this will not happen is if you and your wife sign a denial of paternity and your wife and another man sign a document known as a Voluntary Acknowledgment of Paternity. If this happens, the other man will be listed as the father of the child on the birth certificate. If you were not married to the mother of a child, there are two ways to have your name added to the birth certificate as the child's father. Your name may be added to the birth certificate as the child's father if you voluntarily acknowledge paternity (by signing a Voluntary Acknowledgment of Paternity form). In addition, your name will be added to the birth certificate as the child's father if a court or the Illinois Department of Public Aid has legally determined you to be the father. Before August 1996, an unmarried man could be listed on a child's birth certificate as the child's father without signing a Voluntary Acknowledgment of Paternity or having a court or the Illinois Department of Public Aid determine that he is the father. In this case, his name being on the birth certificate only serves as evidence for a court that he is the father of the child. Since August 1996, a man's name on an Illinois birth certificate means that he is the legal father of that child. What is meant by the word "paternity"? Paternity means fatherhood. Both legally and biologically, the word paternity designates the identity of the father of a child. Except in rare circumstances, when a mother gives birth to a child she is considered the legal mother of that child. Every child also has a biological father, but if the biological father is not married to the mother of the child and his paternity has not been established, Illinois does not give him any rights to or responsibilities for the child as the child's father. To be the legal father, paternity must be legally established. Paternity is presumed when a man is married to the mother of a child at the time of conception or birth. If a man is married to the mother of a child at the time of conception or birth, he will be legally considered the father of that child. For a child born to an unwed mother, however, there is no presumption as to who is that child's legal father. How can the paternity of a child be established for a child born to an unmarried mother? In Illinois, there are four primary ways to establish paternity for a child born to an unmarried mother.
Since the 1980s, very accurate genetic tests have been developed that are virtually conclusive in determining a child's father. If a mother or the state claims that you are the father of a child, you should not agree that you are thefather of the child unless you are absolutely sure that you are. If you are not sure, you should insist on a genetic test to determine whether you are the father of the child. If you are absolutely sure that you are the father of the child and the mother agrees, you can both sign a Voluntary Acknowledgment of Paternity form. This will avoid the expenditure of time and money involved in having genetic testing as part of a court or administrative process for a man who is unsure if he is the father of a child. What if the mother of my child is not married to anyone and we both want to establish the paternity of our child as soon as the baby is born? In Illinois, if both parents sign a Voluntary Acknowledgment of Paternity form, paternity can be established in a hospital at the time their baby is born. If you are at the hospital when the baby is born, you and the mother must be given an opportunity to sign this form. You should not sign the form unless you are sure that the baby is yours. When both of you voluntarily sign this document you are the legal father of that child. That is, if you both sign this form you can be held responsible for child support. Signing the form and thus establishing that you are the legal father also can allow you to get a court order for visitation or custody. Obviously, the decision to voluntarily acknowledge paternity is a very serious one and should not be made lightly or without serious thought and preparation. Before signing the Voluntary Acknowledgment of Paternity form the alleged father must be advised both orally and in writing of the legal consequences of signing the form. This includes an explanation of parental rights and responsibilities of child support, visitation, custody, retroactive support, health insurance coverage, and payment of birth expenses. An alleged father must also be advised of his right to have the issue of paternity determined by a court if he does not sign this form. You and the mother will also be given a document to use in requesting an application for child support services from the Illinois Department of Public Aid. If I do not establish paternity in the hospital, can the mother and I do it later? Yes. The form that parents may sign later is the same form that was available at the hospital when your baby was born. It is called a Voluntary Acknowledgment of Paternity form. You can obtain this Voluntary Acknowledgment of Paternity form from the state or local registrar's office or from the county clerk's office. If the parents do not sign the form in the hospital, both parents may complete it, both parents must have it witnessed, and mail it to the Illinois Department of Public Aid. What if, after signing the Voluntary Acknowledgment of Paternity form, I have reason to believe that I am not the father? If you sign the Voluntary Acknowledgment of Paternity form and then become unsure whether you are the father, there are ways for you to cancel the form. However, this is most easily done within 60 days of signing the form. After 60 days pass, the requirements for canceling are more difficult. If within 60 days of either you or the mother signing the form you decide that you want to cancel this Voluntary Acknowledgment of Paternity form, two things must be true for you to no longer be the legal father. First, you must not have been a party in a court case concerning the child. Second, you must sign a second form. This second form is called a Rescission of Voluntary Acknowledgment of Paternity form and is available at the hospital where the child was born, at county clerk's offices, and at state and local registrars' offices. The Rescission of Voluntary Acknowledgment of Paternity form must be witnessed and filed with the Illinois Department of Public Aid within 60 days of both parents signing the Voluntary Acknowledgment of Paternity form. If a legal proceeding relating to the custody, visitation, or support of the child occurs within that 60-day period and you are a party to this lawsuit, you may ask the court to cancel the Voluntary Acknowledgment of Paternity form. However, if such a legal proceeding relating to the child occurs and you fail to claim that you are not the father, you lose the option to cancel the form by simply signing a Rescission of Voluntary Acknowledgment of Paternity form within the 60-day period. What if, 60-days have passed since the mother and I signed the Voluntary Acknowledgment of Paternity and I come to realize that I may not be the biological father of the child? If after the 60-day period expires you decide that you no longer believe that you are the child's father, you will have to go to court and prove that you signed the Voluntary Acknowledgment of Paternity form under conditions of fraud (someone lied to you), duress (you were forced to sign), or mistake of fact (you thought one thing and another thing is true). Proving one of these may require the assistance of a lawyer. I am under 18. If I sign a Voluntary Acknowledgment of Paternity form, will that make me the legal father? Not immediately. In Illinois, a Voluntary Acknowledgment of Paternity form signed by a mother or father who is younger than 18 has a different effect than one signed by two parents who are both over 18. Two situations you should be aware about. If the parent or parents who are under 18 are able to financially support himself or herself, then the Voluntary Acknowledgment of Paternity form will have the same effect as one signed by two parents who are both over 18. Also, six months after the parents have both turned 18, the Voluntary Acknowledgment of Paternity form will make you the legal father. You may sign a second form that will make you not be the legal father of the child. This second form is called a Rescission of Voluntary Acknowledgment of Paternity form and is available at the hospital where the child was born, at county clerks' offices, and at state and local registrars' offices. The Rescission of Voluntary Acknowledgment of Paternity form must be filed with the Illinois Department of Public Aid within six months of both parents turning 18 or before the parent who is under 18 becomes self-supporting. If you are under 18 and have signed a Voluntary Acknowledgment of Paternity form and are not sure whether you are actually the father of the child, you should be sure to file a Rescission of Voluntary Acknowledgment of Paternity form with the Illinois Department of Public Aid. I have never been married to the mother of a child. She says I am the father and I am not sure if I am. If she or the government sues me, should I just not respond so that I will never actually be determined to be the father? No. If you do not think you are the biological father and you have not signed a Voluntary Acknowledgment of Paternity form, there will have to be a legal determination to establish whether you are the father. This legal determination can either be done through a court process or by the Illinois Department of Public Aid. If you do not respond, the process can go forward without you and you can be declared the legal father of the child even though you may not be the biological father. This will mean that you are legally responsible for paying child support and other costs. Why would a mother force me to go through the legal process of establishing that I am the father? There are many benefits to a mother and a child to having a legal determination of paternity. For instance, the child will only be entitled to child support if a man is legally declared to be the father of that child. In addition, you will only be granted visitation by a court with your child if you are declared to be the father of that child. In some cases the mother is required to establish the paternity of the child in order to receive assistance from the government. She needs to cooperate in government efforts to establish who is the father of the child. If she does not cooperate, the government will decrease the amount of public assistance that it gives her. What will happen if the mother or state claims that I am the father of a child and I do not think that I am the father of that child? If you do not think you are the biological father and you have not signed a Voluntary Acknowledgment of Paternity form, there will have to be a paternity hearing to establish that you are the father. If you are summoned for a paternity hearing, the most important thing to do is to appear at the hearing, whether or not you think you are the father. In Illinois, if you fail to appear for a paternity hearing, you can be declared the father of the child. This will mean that you are legally responsible for paying child support and other costs. There are only two ways that you can be legally determined to be the father. The Illinois Department of Public Aid can make an administrative determination that you are the father of a child. In addition, a court can determine that you are the father of a child. If there has been no genetic test, these determinations can be made even if you believe (or say) you are not the father. It is important that if you do not believe you are the father, you ask for genetic tests before either the Illinois Department of Public Aid or the court declares you the father. What if I believe that I am a child's father, but the mother who is single says that I am not? What if she acknowledges my paternity socially, but denies it when I want to see my child? If the child's mother says that you are not the child's father or denies you access to the child and paternity has not yet been established, you can exercise the right given to Illinois fathers to initiate an administrative or court proceeding to establish paternity. The alleged father in a paternity proceeding has an absolute right to request a genetic test of the mother, the child, and himself. If you request a genetic test, you, the mother, and child will be required to have the genetic test taken. If any party refuses to take a genetic test, the issue of paternity may be decided against that party. The court or Illinois Department of Public Aid will then go on to consider the issue of child support. However, the court is required to consider issues of visitation and custody at the time of paternity determination only if there has been a request for visitation or custody by one of the parties involved. Therefore, you should makesuch a request to ensure that visitation and custody issues are raised and, finally, decided in the courtroom. In making determinations about custody, the Illinois court is supposed to provide a custody arrangement that is in the best interest of the child. If you are not granted custody, a court should give you reasonable visitation unless the court determines that the visitation would seriously endanger the child's physical, mental, moral or emotional health. I am not married to a woman who is pregnant with my child. Could the baby be adopted without my permission? Yes. Illinois law requires unmarried fathers to act very promptly to establish that they are a baby's father to avoid losing their rights if the child is put up for adoption. Unmarried fathers who have not legally established paternity should register with the state's Putative Father Registry. The time period to register is before the baby is born but no later than 30 days after the birth of the child. You will not be charged for the first time that you register. You can get the Registration form from the Illinois Putative Father Registry, Illinois Department of Children and Family Services, James R. Thompson Center, 100 West Randolph Street, 6th Floor, Chicago, Illinois 60601, 1-800-420-2574. Fathers who register with the Putative Fathers Registry must also begin legal proceedings to establish paternity within 30 days of registering. If you do not register with the Putative Father Registry within 30 days of the child's birth, or if you do register but do not start legal proceedings to establish paternity within 30 days after registering, the following things may happen if someone tries to adopt your child:
If you do not register before the child is 30 days or older and wish to have notice of adoption proceedings concerning your child, you will have to prove three things. Proving these will likely require the assistance of an attorney. The three things that you will have to prove include:
Not knowing about the pregnancy or birth is not a reason that you can claim for why you did not register. If you are faced with the possible adoption of your child, and you do not wan the adoption to go ahead, you should contact an attorney for advice. What are the legal benefits of establishing paternity for an unwed father? Once paternity is established, a man becomes the legal father of that child, with all of the rights and responsibilities of a divorced or married father. There is no guarantee of the right to visitation or custody, but a father has the right to raise the issues of visitation and custody in court. If you sign a Voluntary Paternity Acknowledgment form, you may go to court to ask for visitation or custody with the child. If a court order determines that you are the father of a child, the order may contain provisions regarding the right to visitation or custody. At the time of paternity determination the court is required to consider what you want concerning visitation and custody only if one of the parties involved has requested that the court make an order with detailed provisions regarding those issues. Therefore, you must make such a request to ensure that visitation and custody issues are raised and, finally, decided in the courtroom. The Illinois child support enforcement office cannot help a father obtain visitation with or custody of the child. What are the legal consequences of establishing paternity for a noncustodial father? An order that establishes paternity will require you to pay child support. The current minimum level of support is generally:
If the child is less than two years old, either parent may also be responsible for the reasonable costs of the mother's pregnancy. You may also be responsible for the child's health care expenses, the costs of genetic tests, attorney fees, and other costs. In addition, the court may hold you responsible for child support for the time before the court established paternity. For instance, if your child is eight when the custodial parent attempts to establish that you are the father of the child, you may be responsible for child support for the last eight years. In Illinois, many penalties can be used against a father who does not pay child support. Some of these penalties include:
Another penalty in Illinois for not paying child support is that you will be required to pay interest at the rate of 9 percent per year on any past due child support. Child Support How did they set a child support order for me if I was not there and they did not know my income? If you do not appear in court, a child support order can still be entered. If the court does not know your income, the support order will be based on what the court feels is reasonable in your particular case. The order will be set at a specific dollar amount. How does the court decide how much child support I should pay? Illinois has established a formula to calculate what amount a noncustodial parent should pay for child support. The current minimum level of support is generally:
The order will be set at a specific dollar amount. If the court cannot determine what your income is, the court will order support in an amount that it considers reasonable in your particular case. The child support generally remains in effect until the child's eighteenth birthday or until the child becomes legally able to support himself or herself. You may have to pay more than the percentages listed above of your monthly income if you fall behind in paying your child support or if you owe for additional things, such as the costs of the mother's pregnancy. A parent may ask the court to award a child support amount greater or less than what would be determined by the child support guidelines. To do this the parent must prove that the amount determined by the guidelines would be inappropriate. The court will consider what is in the best interest of the child. Among the factors the court may look at include
Can I be held responsible for providing health insurance for my child? Yes. Whenever the court establishes, modifies, or enforces an order for child support the court will include an order for health care coverage of the child. If the other party requests it, you will be responsible for including your child on any health care coverage available from your employer, labor union, or trade union. If you do not have health care coverage from one of these sources, the court may order you to obtain health care coverage for the child after considering the following factors:
I am required to pay child support. How should I make the payments? After October 1, 1999, most child support payments should be sent to the State Disbursement Unit (SDU) at P.O. Box 8000, Wheaton, IL 60189-8000. There are generally two ways to make a child support payment. The first is by your employer's withholding part of your wages from your paycheck and sending the withheld funds to the Illinois State Disbursement Unit. Another way to pay child support is for you to directly send money to the Illinois State Disbursement Unit. To have any payments you make credited as a child support payment you need to follow the directions of the child support order. You should include all of the following identifying information with your payment: your name, your social security number, the name and address of the custodial parent, the county in Illinois in which the support order was entered (if the order is a court order) and the case number or docket number. It is unlikely that any payments or contributions you make outside what the court order requires will count as payment of your legal child support obligation. If you give the child something directly you will still owe the full amount of court-ordered child support. What if I do not have a job when they set the child support order? The court may order you to seek a job and report to the court with evidence that you have tried to obtain a job. The court order may require you to keep a job search diary. The court may also order you to report to the Department of Employment Security for job search services or to apply for services to help you become ready to work. What if I lose my job or I am unable to pay child support? The child support order requires you to inform both the custodial parent and the clerk of court that you have lost your job within 10 days. It is important that you do this. Many noncustodial fathers believe that if they get behind at a time when they are legitimately unable to make a payment, what they owe can later be reduced or discounted by the court when an explanation is given. However, if you wait to explain your changed circumstances, the court will be unable to reduce the back payments that you owe. So it is very important that you notify the court immediately, provide proof of the reduction in income, and ask that your payments be reduced accordingly. If you do this, the court may temporarily or permanently reduce the amount of the payment. A court may modify the amount of child support you pay based on two possible grounds when you lose your job. You can get a modification of your support when there has been a substantial change in circumstance, such as losing your job. You can always get a modification of your child support order when a court believes that there has been a substantial change in your circumstances. Another way to get a modification in a child support order involves the difference between your income when the court set your original order and your current income. If you can show the court that there is a difference of at least 20 percent (but not less than $10 per month) between the amount you are paying and the amount of child support resulting from the application of the guidelines to your current income, then the court may modify the amount of child support that you owe. Other factors may impact whether you are able to get a modification based on the difference between what you should pay and what you are paying. If you can afford one, you may wish to consult an attorney to see if you meet the other requirements to get a modification on this basis. When modifying a child support order, the court will still apply the Illinois child support guidelines to determine the amount of support that you owe. I do not have a job. I have been ordered to participate in an Illinois Department of Public Aid Program known as Earnfare. What is this program and what should I expect? Earnfare is a six-month program that places an unemployed non-custodial parent in a job. Participation is restricted to noncustodial parents who have children receiving government assistance or persons receiving food stamps. During the six-month program, noncustodial parents who receive food stamps may work up to 80 hours each month at the job provided by the Earnfare program. Each month the first $50 you earn goes to the custodial parent as child support. Then, if you receive food stamps, up to 26 hours of your pay is used to cover the value of your food stamps. After you have paid the value of your food stamps, you will receive $5.15 per hour for additional hours and can earn up to $244 a month. During the six-month program, noncustodial parents who do not receive food stamps may work up to 57 hours each month at the job provided by the Earnfare program. Each month the first $50 you earn goes to the custodial parent as child support. You will then receive $5.15 per hour for additional work and can earn up to $244 a month. The program will also require you to work with a local community based organization. This local community based organization will help with you with a number of things including finding a job for after the six-month period. What if I want to decrease the amount of my child support payment because things have changed in my life? Many noncustodial fathers believe that if they get behind at a time when they are legitimately unable to make a payment, what they owe can later be reduced or discounted by the court when an explanation is given. However, if you wait to explain your changed circumstances, the court will be unable to reduce the back payments that you owe. So it is very important that you notify the court immediately, provide proof of the reduction in income, and ask that your payments be reduced accordingly. If you do this, the court may temporarily or permanently reduce the amount of the payment. There are three possible situations where a court may modify the amount of child support that you pay. One situation is if there is a substantial change in circumstances. One example of a substantial change in circumstance is when your income has greatly increased or decreased. You can always get a modification of your child support order when a court believes that there has been a substantial change in your circumstances. Even if there has not been a substantial change in your circumstances, you may still be able to get a modification of your child support. The first way to get a modification without showing a substantial change in circumstance is ifyou can show to the court that there is a need to provide for the health care needs of the child through health insurance or other means. Another way to get a modification without showing a substantial change in circumstance involves the difference between your income when the court set your original order and your current income. If you can show the court that there is a difference of at least 20 percent (but not less than $10 per month) between the amount you are paying and the amount of child support resulting from the application of the guidelines to your current income, then the court may modify the amount of child support that you owe. Other factors may impact whether you are still able to get a modification based on of the difference between what you should pay and what you are paying. If you can afford one, you may wish to consult an attorney to see if you meet the other requirements to get a modification on this basis. When modifying a child support order, the court will still likely use the Illinois child support guidelines to determine the amount of support that you owe. What if I directly pay for things that my child needs, such as diapers, instead of paying the money through the child support agency as required by the court order? It is unlikely that any payments or contributions you make outside what the court order requires will count as payment of child support. If you give the child something directly you will still owe the full amount of court-ordered child support. I am required to pay child support. What should I do if I move from where I was living when the child support order was set? You should immediately notify the court and the Illinois Department of Public Aid of your new residential or mailing address or your telephone number. The court order requires you to do this within seven days of your moving. It is important that you do this so that you may be contacted if necessary concerning your case. If you do not give notification, you may not find out about enforcement actions taken against you or other important matters. I owe a certain amount of money each month in child support. How come the amount I am supposed to pay is so much higher than the monthly child support amount that I owe? There are many reasons why the amount of money you owe each month can be greater than your current monthly child support amount. You may owe more because you have fallen behind in paying your child support. When you fall behind in your child support you not only have to pay your current amount of support but an additional amount to begin to cover what you were unable to pay in the past. In addition, the government may charge you interest at the rate of 9 percent per year on any past due support. Furthermore, you may be responsible for the reasonable costs of the mother's pregnancy, the child's health care expenses, the costs of genetic tests, and other costs. In addition, your employer may charge you up to five dollars per month for the employer taking money from your paycheck and sending it to the child support office. All of these other costs may be added to the amount that you owe each month. Can they put me in jail for not paying child support? Yes. You may be placed in jail for up to six months for failure to pay child support. The legal basis for placing you in jail is "contempt of court." You also may be criminally prosecuted and imprisoned for nonpayment. What should I do about my child support order if I am in prison? If you are in prison you will still be responsible for child support based on your past income until you get your support obligation modified by a court or administrative agency that set the obligation. Many non-custodial fathers believe that if they get behind at a time when they are legitimately unable to make a payment, what they owe can later be reduced or discounted by the court when an explanation is given. However, if you wait to explain your changed circumstances, the court will be unable to reduce the back payments that you owe. If possible you should notify the court immediately, provide proof that your income is reduced because you are in jail, and ask that your payments be reduced accordingly. If you do, the court may temporarily or permanently reduce the amount of the payment. What are the considerations for allowing me to have custody or visitation with my child? The child support enforcement office cannot help you obtain a court or administrative order for visitation with or custody of your child. Instead you must obtain a court order for visitation or custody. It is best if you can afford it to get an attorney to handle issues of visitation and custody. If you cannot afford an attorney, you may still seek a court order without an attorney. In determining custody, the court will consider all facts relevant to the best interest of the child. Among the factors the court may look at are the wishes of the parents, the wishes of the child, and evidence of violence or the potential for violence by one of the parents who wishes to have custody. If you are not granted custody, a court should give you reasonable visitation unless the court determines that the visitation would seriously endanger the child's physical, mental, moral, or emotional health. If the child's mother interferes with visitation, may I refuse to pay court ordered child support? No. You still must pay child support even if the mother interferes with visitation. What if I want to change the custody arrangement that I have with the mother? If you and the custodial parent agree, you can change the custody arrangements at any time. If you and the custodial parent do not agree, the custody arrangements cannot be changed until two years after the last custody determination. The only exception to this is if a court determines that the current custody arrangement will endanger the child's physical, mental, moral, or emotional health. After two years a court will only grant your request to change the custody arrangements if the court is strongly convinced that it is in the best interest of the child to do so. In making its decision the court will consider only facts that the court was previously unaware of or events that have occurred since the original determination. What if I want to change the visitation arrangement concerning my child? If you want to change the amount of time that you spend with your child and the mother does not agree to the proposed changes, you will need to ask the court to grant your request to change the amount of time that you spend with your child. The court will grant your request for a modification of the time that you spend with the child if the court believes that your request is in the best interest of the child. |
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