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Determining eligibility for a claim for child support

On Behalf of | Jul 7, 2016 | Child Support, Firm News |

A child support plan can be established in conjunction with the settlement of a California divorce. When individuals end their marriages, they must address a number of legal issues related to their families and finances. Among the most important matters many couples must address is how they will responsibly co-parent and raise their shared children.

However, not all child support plans are created at the time of divorce. Some are made necessary when unmarried individuals have children and others are created long after the parties to a divorce have settled their legal disputes. There are several considerations that courts make when parents request child support for their children. This post will look at some of the factors that may determine a person’s eligibility to secure child support for his or her kids.

First, a claim for child support generally comes from a child’s custodial parent. The custodial parent is the parent with whom a child primarily resides, and a custodial parent may initiate a claim for child support by filing documentation that identifies the child’s other, noncustodial parent.

Second, in some situations a noncustodial parent may refute a claim for child support if he can demonstrate that he is not the father of the children subject to the child support request. In some situations a man may submit to paternity testing to either demonstrate or overcome a claim of paternity in a child support case.

Finally, in situations where children are co-parented by individuals with joint physical custody, a court may need to consider if child support is necessary due to the ongoing support the children receive from both parents by virtue of the custody arrangement. Not every request for child support is fulfilled, and in many cases a request for child support will be rejected or accepted based on the child’s needs. For more information on establishing eligibility for child support, readers may speak with family law attorneys.