SINGLE WOMAN RIGHTS AND RESOURCES TO CHILD SUPPORT

Whether due to divorce, an unexpected pregnancy, or a spouse’s death, single motherhood is one of the greatest challenges that any woman can face. It is also surprisingly common: the 2015 US Census reported that about 27% of the nation’s children are raised by a single parent, and that parent is the mother over 80% of the time! Fortunately, there are various resources and legal protections to assist single mothers in this daunting task, a few of which we’ll examine here. 

CUSTODY RULINGS AND ORDERS 

Although most single-parent households are led by the mother, it is becoming more common for fathers to receive custody. In 2011, the Census found about 2.6 million homes in which a single father held primary custody, which was around 20% of all single-parent households at the time. This is a tremendous increase over previous decades, in part because of adaptations to custody law to make it more gender neutral. All of which is to say – while it is still overwhelmingly common for the mother to have primary custody, it is not a foregone conclusion the way it used to be. So how is the question of custody determined? 

Many factors come into play, but in general, the court’s primary consideration is the child’s (or children’s) best interest – both what type of custody would be best and with which parent or parents. First, there is legal custody, which includes the responsibility for major decisions about the child’s upbringing. Then there is physical custody, which determines where the child lives, and which parent is responsible for day-to-day physical needs. Finally, both types can either be granted solely to one parent or split between both. 

In Texas, if a woman is single and unmarried at the time of her child’s birth, she automatically has full physical and legal custody. The biological father can petition the court for custody if he so chooses, but he must prove that a.) splitting the child’s time between mother and father is a feasible option (if he is seeking joint custody), or b.) the mother is somehow unfit to raise the child (if he is seeking sole custody). Things get more complicated in the case of a divorce or otherwise separated household, with both parents working with the court to determine a course of action that best suits their children in their particular circumstances. The advice of experienced family lawyers such as those at Eaton Family Law is invaluable in helping parents navigate this often-confusing process. 

CHILD SUPPORT

Once a custodial arrangement is made, the parent with primary custody (usually the mother) is entitled to child support – financial support from the other parent to assist with the expenses of raising the child. As with custody, single mother child support depends on multiple factors and can vary greatly from one family to the next. It also varies by state, but certain basic principles will always come into play. 

You can first file a motion with your county court for an order for child support. The court will then collect documentation of both parents’ incomes, often the same sort of documentation used for taxes, and use it to determine the amount and frequency of child support given by the secondary parent to supplement the main parent’s income. However, if there is any dispute about the income reported, the question will be put before the court, which can eat up a lot of time and money. 

Fortunately, most states and many cities have Child Support Enforcement offices; these provide a much more streamlined system for determining the correct amount of child support and ensuring that it is paid consistently and timely. These agencies are staffed with attorneys and caseworkers who specialize in child support. They serve as an experienced guide through what can otherwise be a time-consuming and expensive process. 

GOVERNMENT ASSISTANCE PROGRAMS

Contrary to popular belief, only about half of single mothers receive government assistance. Depending on factors such as single mother child support, net income, and employer benefits, a single mother may find that she is mostly able to financially support herself and her child. However, many also find that a single paycheck isn’t enough to feed two or more mouths. The good news is that a wide variety of both federal and state programs exist to help single mothers and other families in need. 

For example, Temporary Assistance for Needy Families (TANF), a program run by state and local agencies, provides cash assistance for households that are struggling with certain kinds of financial hardships. As the name suggests, it is not a long-term solution, but can make a huge difference for single parents adjusting to new demands and trying to find their feet. Head Start programs exist in many cities to provide daycare and early childhood education for infants and children up to 5. Finally, the Supplemental Nutrition Assistance Program (SNAP) provides assistance for food purchases.

Although single motherhood is a challenging task, it is one shared by many women across America, and there are many sources of support. At Eaton Law Group, we understand the difficulties and questions that come with it and are committed to helping guide families through them.