Testimonials:

I had a very difficult case, interstate and the father and I were never married. By reading How to Collect Child Support, I learned exactly what to do to. It worked! I just collected $5,000 in back support payments!" -- Cheryl, MD

               ESTABLISHING PATERNITY FOR YOUR CHILD

If mom was not married to her child's father, she must legally establish paternity to collect child support payments. She must establish paternity before she can establish a court order for child support. More families than ever before need to establish paternity in the U.S. There has been a 377% increase in the number of children born to never married-parents in the past 10 years. Paternity may also need to be established if a couple was married and living apart when the child was conceived or if the couple was married and the husband says he is not the biological father.

• Collection of child support payments means that the responsibility for support is taken care of by both parents; Single moms don't have to do it alone
• Children can be covered by father's medical insurance
• Children become eligible for Social Security and Veteran's benefits from their father
• The child's right to inheritance is protected
• The child is legitimatized and their heritage is complete

DNA Tests

DNA test are readily available and the cost is usually about $100. A DNA sample is usually collected with a Q-tip swabbing of the inside of the moth or the mother,  child and potential father.

This way of identifying a person involves a test on actual genetic material known as deoxyribonucleic acid, or DNA. DNA is a molecule that caries the body's genetic information. It is contained in over 99% of the cells of the human body. This test may eventually displace all others because DNA's configuration is different in every individual, except for identical twins. This means a greater likelihood of being able to determine the father.

DNA is usually removed from a blood sample. After being removed and purified, the DNA is carefully cut apart using special enzymes which act as biological scissors. Electrophoresis is then applied.

The probes attach themselves to specific invisible bands of DNA. Technicians then place the membrane on X-ray film, sensitive to the radioactive probes. This enables them to "see" the DNA.

What is seen resembles the striped bar codes used at a grocery store checkout. Each dark band visible shows where the gene probe has "located" its correct partner strand.

The first step in the analysis is to compare the child's code with the mother's and locate all the bars that match up. The remaining bars in the child's code are then compared with those of the alleged father. If he is, in fact, the father, every remaining bar will match up. If every bar doesn't match, he isn't the father.

An attorney or the Government Child Support Agency attorney can draw up a legal document that both parents sign. This is referred to as a voluntary paternity agreement. The document should contain the following information:

• That the man is the child's father
• If he agrees to pay for medical bills incurred for the birth
• If he agrees to pay medical insurance for the child
• Possibly a visitation agreement.

*Under federal law, states must be able to administratively order an alleged father to take a genetic blood or tissue test to determine paternity. Usually this is handled by the government child support agency.

Some states use an administrative process for settling paternity actions outside the court. Under this approach, cases are handled by hearing officers whose orders are enforced in the same way as those of a judge. Each state's paternity establishment using an administrative process can vary. Most administrative hearing officers can enter voluntary paternity agreements, order genetic testing be performed on the alleged father if he denies paternity, and/or enter a default order of paternity if the alleged father does not appear in court. The administrative process is preferred by many states because it is a much easier process that does not usually require the use of an attorney. This process is also less adversarial and not as intimidating as the court process. Parties can appeal these verdicts to a court under certain circumstances. Check with your state Government Child Support Agency to find out if your state has administrative paternity establishment.

Contested Paternity: What if He Denies Paternity?

If a man denies paternity, you must either seek court action or go through an administrative process to establish paternity. Some states still require a court action while others have adopted administrative processes. This can be done through a private attorney or at no cost through the Government Child Support Agency . If you use the Government Child Support Agency you will be assigned a case worker and an attorney to establish paternity. If the man continues to deny paternity, the court or administrative hearing officers will order genetic tests to determine if he is the father.

• When support begins (birth or present age of child)
• Amount of support to be paid (based on state guidelines)
• Medical support (continual support and possible medical bills incurred for child's birth)
• Possibly visitation schedule.

Paternity Timeframes When Using the Government Child Support Agency

If the father's location is known, federal time frames require agencies to file appropriate paperwork to establish paternity within 90 days

About the Author:

Geraldine Jensen is the author of How to Collect Child Support, 3rd Edition . She served on the US Commission of  Interstate Child Support and was instrumental in the development and passage of child support enforcement laws for paternity establishment, income withholding and  federal criminal non support laws. She is also the Publisher of Families Online Magazine