You may worry about your child’s financial security when you and the other parent never married. Virginia law requires both parents to support their child. However, before you receive a support order, you must establish legal parentage. A court or state agency may then set an enforceable amount.
How do you establish paternity?
If you were not married when your child was born, Virginia generally requires proof of paternity before the father must pay support. One way to resolve this is both parents signing a sworn acknowledgment of paternity. Parents often sign this form at the hospital, but it’s possible to complete it later.
If either parent disputes paternity, a court or state agency could begin a case. Genetic testing often shows whether a biological link exists. After the court reviews the proof, it may issue an order that names the child’s legal father.
You should establish parentage early. It creates a legal record and may help you avoid delays in getting a child support order. Keep copies of the paternity form, test results and court orders. These records could help show that you completed each step.
How is child support calculated?
Virginia uses the same child support formula for unmarried and divorced parents. The formula starts with each parent’s gross monthly income and the number of children in the case. It then assigns each parent a share based on income.
Your custody plan also affects the amount. Virginia uses different calculations for sole, shared and split custody. The number of days your child spends with each parent may change the result under the shared custody formula.
The court also reviews child-related costs, such as work-related child care and health insurance. A judge could change the guideline amount when the facts support a different result. Your final amount will depend on your income, custody plan and covered costs.
Why formal support matters
An informal payment plan might work for a while, but it does not carry the same force as a court or agency order. A formal order states the amount, payment dates and covered costs. When you understand the paternity process and keep clear records, you will be better prepared to manage child support and build a stable plan for your child.
