QUESTION

Do two never married people need to have a court ordered custody arrangement in order for one to start child support?

Asked on Sep 19th, 2016 on Child Support - Wisconsin
More details to this question:
My daughter and her ex boyfriend have a 4 month old daughter. They have never been married, the child lives solely with the mother. Can she begin the process of establishing child support without any formal custody arrangement?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
      When a child is born out of wedlock, one of the parties will need to initiate a paterntiy action to establish that the person is the biological father of the child, usually by DNA testing. If there is state involvement (assistance), the child support enforcement attorneys also can initiate a paternity action. Once DNA tests establishes that this person is the biological father and they are adjudicated in court as being the father, the court will hold what is  called a "terms hearing" to deal with issues of child custody, placement, visitation, child support, health insurance, uninsured expenses, birthing expenses and any other issues dealing with the child.        The parties also have the option of filing a voluntary acknowledgment of paternity on a form provided by the state that after the revocation period expires,  that acts as a judgment of paternity and skips step one outlined above. After the voluntary acknowledgment of paterntiy is filed, either party, or the state, can file for the "terms hearing" to deal with the other issues of the case.
Answered on Sep 20th, 2016 at 7:26 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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