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 Washington D.C. Question and Answer Handbook for Noncustodial Parents: A question and answer resource on paternity establishment, child support, and visitation 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. The production of this handbook would not be possible without the help of many individuals who took the time to read and comment on earlier drafts. Ultimately, any errors in interpretation of the laws of Washington D.C. are solely those of the author. In addition, the Center on Fathers, Families, and Public Policy made the final decision as to whether to include or not include things in this handbook. We would like to thank participants of the SouthEast Ministry that reviewed this document and commented on its effectiveness in conveying the information. Most important we would like to thank a number of fathers from the Alliance for Concerned Men that reviewed this handbook. These fathers greatly improved the overall quality of this handbook: Anthony Pierce, Charles Gantt, William Butler, John Shuler, Darius Robinson, Terrell Butler, Thomas D. Ross, and Gregory Jackson. 
Table of Contents The Top Ten Things You Should Understand About The Washington D.C. Child Support System Questions Surrounding Paternity Establishment
Child Support
Access & Visitation
Introduction This Question and Answer handbook is based solely on laws for the District of Columbia and is only accurate for Washington, D.C. It was produced on March 1, 2001, and does not reflect any changes in Washington, D.C., law since that date. This handbook provides only general legal information surrounding the Washington D.C. child support system. It is not advice about your particular legal situation. If you can afford it you should consult an attorney for assistance with your particular legal problems. Every day in the United States, thousands of children are born to unmarried parents. Most of these parents, like most married parents, lovingly welcome their children into their lives. However, the problems of parents who are poor are particularly complicated. This handbook will highlight the legal processes involved in paternity establishment and child support enforcement. You should read this handbook with the understanding that any individual faced with the situations outlined here would benefit greatly from the assistance of a legal professional. 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. 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 low-income fathers and for social service professionals who are trying to help explain the paternity establishment and child support enforcement systems. This handbook does not replace the services of an attorney to help you with your legal problems. The Top Ten Things You Should Understand About The Washington D.C. Child Support System
Paternity Establishment What is meant by the word "paternity"? Both legally and biologically, the word paternity means the identity of the father of a child. Except in rare circumstances, when a mother gives birth to a child she is considered to be the legal mother of that child. Every child also has a biological father. But if you were never married to the mother of the child, Washington, D.C., does not give you any rights or responsibilities for the child as the child's father unless legal paternity is established. How can the paternity of a child be established? In Washington, D.C., there are two primary ways for you to establish that you are the father of the child if you were never married to her. Both parents can sign a legal document to establish the paternity of the child. This document is called a Voluntary Acknowledgment of Paternity. Another way to establish paternity is through a court proceeding. If you are absolutely sure that you are the biological father of the child, and the mother agrees, you can both voluntarily acknowledge that you are the father of the child. While the baby is still in the hospital, the mother and the father, if he is present, are offered the opportunity to do this. In addition to the opportunity to acknowledge paternity voluntarily at the hospital, Washington, D.C., provides opportunities for acknowledgment at a later date. If you do not live with the child, you still will likely have to do a number of things after signing the Voluntary Acknowledgment of Paternity form. For instance, you will likely be required to go to court to determine the amount of child support you should pay. In addition, if you wish to have the legal right to visitation with your child you still will need to go through a separate court proceeding. If a mother or the state claims that you are the father of a child in a court proceeding, you may want to take a genetic test (DNA test) to make sure you are the biological father. Since the 1980s, very accurate genetic tests have been developed. A genetic test is the best way to be absolutely sure that you are the biological father of the child. If you are not sure that you are the biological father and want to know, you should insist on a genetic test at the court hearing to determine whether you are the father of the child. What if, after signing the Voluntary Acknowledgment of Paternity form, I have reason to believe I am not the father? Even if you sign a Voluntary Acknowledgment of Paternity form and you later decide you may not be the father, there are ways for you to withdraw your signing of the form. However, this is most easily done within 60 days of signing. After 60 days pass, the requirements for withdrawing are much more difficult to meet. Within 60 days of either you or the mother signing the form, there are specific requirements to cancel it. You must not have been a party in a court case concerning the child. Also you must sign a second form, called a Rescission form. There is also a second possibility. If you are part of a court proceeding related to the child before the 60 days since the signing of the Voluntary Acknowledgment of Paternity have passed, you may ask the court to cancel the Voluntary Acknowledgment of Paternity form. The court will then decide whether to do so. The court will most likely at that point order the mother, you, and the child to have genetic tests to determine if you are the father of the child. What if 60 days have passed since the mother and I signed the Voluntary Acknowledgment of Paternity form and I come to realize that I may not be the biological father of the child? If after the 60-day period expires, you no longer believe that you are the child's father, you will have to go to court and file a lawsuit to contest the Voluntary Acknowledgment of Paternity form. For you to contest a Voluntary Acknowledgment of Paternity form you must prove that the document was signed under conditions of
Successfully contesting a Voluntary Acknowledgment of Paternity form will likely require the assistance of an attorney. What if a woman says I am the father of her child, but I believe that I am not the father? If you have not signed a Voluntary Acknowledgment of Paternity form and you were never married to the mother of the child, a suit will have to be brought against you to establish that you are the father. The mother, the child, or the government can sue to establish whether you are the biological father. If someone opens a court case, you will first receive a legal document that claims you are the father of the child. The legal document will include the date of a hearing about the issue as to whether you are the father of the child. It is very important that you read and try to understand everything in this document and be sure to attend this hearing. I received a document that claims I may be the biological father of a child. Should I just disregard the hearing because I know I am not the father? No. You should go to the hearing and say (and if necessary prove) that you are not the father. Perhaps the best way to prove that you are not the father of the child is to get genetic tests (DNA tests). In Washington, D.C., if you do not appear at this hearing it can result in an order declaring you the father of the child. This order will likely include an order to pay child support. This is called a default order. How important are genetic tests (DNA tests) in paternity cases? If the genetic test indicates that there is a 99 percent chance or higher that you are the father, the court will rule that you are the father. If the genetic test shows you could not be the father, the court will rule that you are not the father. If you do not show up to take a genetic test when ordered by the court, the court can place you in contempt of court. Contempt of court is a legal term that means you are not following a court order. If you are found in contempt of court you may be placed in jail. The court may also determine that other penalties are appropriate. One of these sanctions may include declaring that you are the father of the child. Why would a mother force me to go through the legal process of establishing that I am the father? In some cases the mother must establish that you are the father of the child because the government requires her to do so for her to receive cash assistance. She must cooperate in helping the government to establish who is the father of the child, or the government will decrease the amount of support that it gives her by up to 25% of her benefits. Also, when you do pay child support she will not receive it. The government will keep the child support as repayment for her welfare assistance. (The only way she will receive any child support is if the amount of child support is greater than the amount of government assistance that she receives). Having a legal determination of who is the father of a child can be beneficial to the parents and the child. For instance, legal paternity establishment is necessary to get court-ordered child support. In addition, you will only be able to ask a court for visitation with your child if paternity has been established. What if I believe that I am a child's father, but the mother denies me access to the child? For you to have court-ordered visitation you must be declared the father of the child. If you have not been declared the father, you can file a request with the court to be declared the father. If you can afford one, you have the right to be represented by an attorney at any portion of a paternity action. If the mother can afford one, she also has the right to be represented by an attorney at any portion of a paternity action. You can also apply for services through the local child support enforcement unit. The child support enforcement attorney does not represent you or the mother; he or she represents the interest of the government. As part of the paternity action, you can request a genetic test (DNA test) of the mother, the child, and yourself. If you request these genetic tests, each of you will be ordered to have the genetic test taken. If you are ordered or the parties agree to paternity tests, the results of these tests will be used to make the decision as to whether you are the father. If it is determined that you are the father of the child and you are the non-custodial parent, the court will then determine the amount of child support you should pay. Once paternity has been established, the court may also consider the issues of visitation and custody in a separate proceeding. If you want visitation or custody it is important that you ask the court to write a visitation order that clearly states where and when you can see your child. What are some of the legal benefits of establishing paternity for an unwed father? Once paternity has been established, a man becomes the legal father of that child, with all of the rights and responsibilities of a man who was married to the mother. The child will be eligible for government dependent benefits and inheritance rights from you. In addition, your name can be listed on the birth certificate as the father of the child. There is no guarantee for you to have custody of or visitation with the child, but you have the right to ask for custody or visitation in court. If you sign a Voluntary Acknowledgment of Paternity form, you may go to court to ask for custody of or visitation with the child. If you establish paternity through the court system, you will need to request a separate hearing on the issues of visitation and custody. You should ask the court to make an order that specifically says which days and hours you can be with the child. What are some of the legal consequences of establishing paternity for an unwed father? If you are declared the legal father of a child and the mother has physical custody of the child you will likely owe child support. You may also owe the child's health care expenses, child support back to the time of the baby's birth, and other costs. Child Support How does the court decide how much child support I should pay? Washington, D.C., has established guidelines to calculate what amount you should pay for child support. Washington, D.C., determines the amount of support you owe based on your income, the custodial parent's income, how many children you have, and the age of the oldest child. If you are earning $7,500 or less a court will generally require that you pay at least $50 to $125 per month in child support. If you earn more than $7,500 each year, the court is likely to order you to pay a percentage of your income. You may ask the court to award an amount greater or less than the guideline amount. To do this you must convince a court that the guideline amount is unjust or inappropriate in your case. If a court believes that you are not earning as much money as the court believes you could, you may get a child support order that is not based on your actual income. The court may decide that you could make a certain amount of money. Often courts will decide you could make at least the minimum wage. The court then will base your child support order on that higher amount of income. In Washington D.C., you will generally be ordered to pay child support until the child is 21 years old. How do I make my child support payments? The usual method for payment of child support is to have your employer take money directly from your paycheck. Washington, D.C., employers can charge two dollars for each time that they have to withhold money for child support. Your employer cannot discriminate against you or treat you unfairly just because they have to withhold child support from your paycheck. If your employer does not take money from your paycheck for child support, you are unemployed, or self-employed, you must pay directly at the Financial Office Room 4201 500 Indiana Avenue NW, Washington, DC 20001. I pay my child support but the mother claims that she never gets any of the money that I send. What is happening? In some cases the mother does not receive the child support that you pay. If she receives certain forms of government assistance, the government will keep all child support that you pay. (The only way she will receive any child support is if the amount of child support is greater than the amount of government assistance that she receives). However, if you do not pay child support there are many penalties that the government can apply against you. What if I cannot afford to pay the amount that is determined by the child support guidelines? You may ask that the court give you a child support order that is lower than the guideline amount. (The mother can also ask that you be given an order that is higher.) To do this either parent must convince a court that the guideline amount is unjust or inappropriate in your case. Why do I owe so much money in child support? There are many reasons that the amount of money you owe can be larger than what you have the ability to pay in child support. First, if you have not asked for a modification of your child support order when things changed in your life, the amount of child support you are expected to pay may not reflect your ability to pay. Second, if you have fallen behind in paying your child support you will have to pay your regular amount of support plus an additional amount to begin to cover what you did not pay in the past. You may also be charged the child's health care expenses, the costs of genetic tests (DNA tests), attorney's fees for the cost of enforcement actions, and other costs. In addition, your employer may charge up to two dollars every time he or she has to take money from your paycheck to pay child support. All of these costs may be added to the amount that you owe each month. What if I want to decrease the amount of my child support payment because things have changed in my life? One way to get a change in the amount of support you pay is to request this from the child support enforcement office or the court. It is best to get a lawyer, if you can afford one, to handle your attempt to change the amount of child support you pay in the future. At a court hearing, the court will lower your child support if the court determines that there has been a substantial change in circumstances that impacts your ability to pay child support. The legal standard that the court will look at is whether there has been a "material and substantial change" in your ability to pay child support. The commissioner cannot reduce the amounts of past due support you already owe for the time before you asked the court for a modification. All the hearing commissioner can do is reduce the amount of future support you will owe. Many non-custodial fathers believe that if they cannot make a payment, a court can later reduce what they owe when an explanation is given. However, if you wait to explain your changed circumstances, the court cannot reduce the amount you owe. When can the mother or the state ask me to pay more money in child support? A court will increase the amount of child support that you are paying if the State or mother can convince a court that since the last court order for child support there has been a substantial change:
The legal standard that the court will look at is whether there has been a "material and substantial change" in either the needs of the child or your ability to pay support. What if I directly pay for things that my child needs, such as diapers, instead of paying the money through the Family Support Registry as required by the child support order? It is very unlikely that anything you pay outside of the child support order will count as payment of child support. If you give the child or the child's mother something directly, you still probably owe the full amount of child support. The court and child support enforcement will likely consider what you give to the mother to be a gift to the child. What if I lose my job or I am unable to pay child support? If you lose your job, make less money than you used to, or become physically disabled and unable to earn an income, you should notify the court or child support enforcement unit immediately. At a hearing, the court may lower your child support if the court determines that there has been a substantial change in circumstances that impacts your ability to pay child support. The legal standard that the court will look at is whether there has been a "material and substantial change" in your ability to pay child support. The hearing commissioner cannot reduce the amounts of past due support you already owe for the time before you asked the court for a modification. All the hearing commissioner can do is reduce the amount of future support you will owe. What are some possible penalties for me if I do not pay my child support? There are many penalties that may be applied to you for not paying child support. Some of these penalties include
Can they put me in jail for not paying child support? Yes. The legal basis for placing you in jail is "contempt of court." Contempt of court is a legal term that means you are not following a court order. You have the right to be represented by an attorney at a hearing that decides whether you are purposefully refusing to obey a court order (a contempt proceeding). How will my being placed in jail impact the amount of support I owe for the time while I am in prison? If you are placed in jail your child support order will continue while you are in jail. You will need to ask a court for a reduction in your child support amount based on what you can earn while in jail or in prison. While this may be difficult, it is extremely important that you try to do this. It is important that you try to explain other reasons why the court should decrease the amount of support that you owe, besides the fact that you have been imprisoned. A court can only reduce the amount of future child support that you owe. So it is very important that you notify the court immediately and ask that the court reduce your payments. If you do this, there is a chance that the court may reduce the amount of future payments. Access & Visitation What about visitation with my child? If you are seeking visitation and a specific schedule for the visits, you can first try working directly with the mother to come to a reasonable agreement. If you and she come to an agreement, you can then go to court to formalize thearrangement to which you both have already agreed. However, if you and the mother have a hostile or uncomfortable relationship or simply cannot come to an agreement, the agreement will likely have to be arrived at through the courts. You both may need legal representation to insure that the court adequately hears both of your positions. A non-custodial father has a right to present his position on visitation and custody and to request that the court grant his request. It is important that you ask the court to write a visitation order that clearly states where and when you can see your child. This will make it easier to guarantee your access to your child should a future disagreement about visitation arise with the mother of your child. You must understand that, generally, the standard the court is supposed to use in making this decision is "the best interest of the child." The court may not grant your request for visitation if the court determines there is evidence that such an arrangement would not be in the child's best interest. The custodial parent doesn't allow me to see the child. Why do I have to pay child support? Child support and visitation are two separate issues. You must pay your child support according to the child support order regardless of whether you see your child. However, you may go to court and ask for a specific visitation schedule if you do not have one. If there is a visitation schedule and the child's mother refuses to follow it, you can ask the court to order her to follow the schedule. This may be a very difficult and sometimes frustrating process, but it is possible that it can help you get consistent visitation with your child. How does not paying my child support impact my right to see my child? Child support and visitation are two separate issues. Your not paying child support should not affect your ability to see your child. When faced with the question of whether or not to allow you to see your child, a court should only be concerned with the best interest of the child. Of course, there are many penalties that may be applied to you for not paying child support. Some of these penalties include
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