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Getting Child Support when you are Unmarried.

The number of children being born to unmarried partners has grown by leaps and bounds. The American Community Survey found that over 36% of women who gave birth in 2013 in the U.S.A were unmarried. A recent study from John Hopkins University found that more than half of millennial woman aged 26 to 31 who have babies are either unmarried or single instead of being part of a married couple.

When married people separate, they understand that there is a legal process that they must use to end the relationship and establish parenting (visitation) plans and obtain Child Support. Unmarried people with children who leave their partners need a similar court order regarding their parenting plans and child support.

Obtaining a court order using an attorney is essential. The first custody and child support order establishes the parenting schedule (including holidays and vacation time) and the appropriate child support amount. To modify that order in the future requires a showing that there has been a change in circumstances that warrant a change. Thus, the first order must be one that you feel comfortable with.

Secondly, if the parent paying child support fails to pay the required support, the court will enforce the order, even to the point of garnishing wages, grabbing tax refunds and even impose incarceration in outrageous cases. If parent having an obligation to pay child support leaves for another state and stops paying child support, the child support agency of the new state can locate the non-paying parent and bring that person to court in the new state; the new state will impose an order and send the funds back to Rhode Island. A court can even revoke a non-paying party's driver's license if the contempt is significant.

Therefore, if you have children and are separating from the other biological parent, it is best to be proactive and obtain the court order that builds a consistent visitation pattern for your children and establishes the child support that is necessary to bring up the child.

Call us at 352-1000 for help in protecting you and your children.

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Law Office of Steven J. Hirsch, Esq

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100 Jefferson Boulevard Suite 315 Warwick, RI 02888 Phone: 401-287-2079 Fax: 401-352-0029 Warwick Law Office Map

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