Can I Get Child Support If We Were Never Married?

Yes. In Washington, a child's right to support does not depend on whether the parents were ever married. A child born to unmarried parents is entitled to support from both parents exactly as a child born to married parents is. There is one extra step for unmarried parents, though: parentage usually has to be legally established first. For Snohomish County parents raising a child outside of marriage, understanding that sequence is the key to actually collecting support.

Marriage Is Not the Issue; Parentage Is

The obligation to support a child flows from being a parent, not from being a spouse. Washington calculates child support the same way regardless of the parents' marital status, using the income shares model that combines both parents' incomes and divides the resulting obligation in proportion to what each earns. Whether the parents were married, briefly together, or never a couple at all, the support analysis is identical once both parents are legally recognized.

The wrinkle for unmarried parents is that the law does not automatically recognize a father the way it does for a married couple. When a child is born to married parents, the law presumes both spouses are parents. For unmarried parents, there is no such automatic presumption for the father, which means parentage generally has to be established before a court will order that father to pay support. Establishing parentage is the gateway; child support is what comes through it.

Establishing Parentage First

Washington's Uniform Parentage Act, chapter 26.26A RCW, provides the ways to establish a legal parent-child relationship. Two routes are most common for unmarried parents.

The first is the acknowledgment of parentage. Under RCW 26.26A.200, the mother and the man claiming to be the father can sign an acknowledgment, often at the hospital at birth, that establishes legal parentage. A signed and filed acknowledgment carries serious weight: it is treated as the equivalent of a court order of parentage. Once it is in place, the support obligation follows.

The second route is a court case to establish parentage under RCW 26.26A.400, used when the parties do not agree or paternity is disputed. The court can order genetic testing under RCW 26.26A.310 when a party files a sworn statement raising a reasonable possibility of fatherhood. Once the court adjudicates parentage, it can proceed to enter a child support order. Often the parentage and support questions are handled together in the same case, so establishing who the father is and setting his support obligation happen in one process.

How the Support Amount Is Determined

After parentage is established, support is calculated under Washington's child support statutes, chapter 26.19 RCW, using the same rules that apply to any other parents. Both parents' net incomes are combined, the state economic table sets a basic support obligation based on that combined income and the number and ages of the children, and the obligation is allocated between the parents in proportion to their incomes. Additional costs like health care and day care are shared proportionally on top of the basic amount.

The fact that the parents were never married changes none of this. The child of unmarried parents is entitled to the same level of support, calculated the same way, as any other child. There is no discount or penalty based on the parents' relationship status.

Support Going Back in Time

Parents often ask whether support can reach back to cover the period before an order was entered, especially when years passed before parentage was established. Washington law does allow a court, in a parentage action, to address support for the child including for periods before the order, within limits the statute sets. This is one reason it is worth getting advice early rather than assuming nothing can be recovered for the past. The specifics depend on the facts and on when parentage is established, so it is a question to raise directly with an attorney.

The Role of the State Child Support Agency

Many unmarried parents do not realize they do not have to do this alone. Washington's Division of Child Support, the state child support enforcement agency, can help establish parentage, establish a support order, and collect support, including through tools like wage withholding. For a parent who lacks the resources or the will to litigate, opening a case with the agency can set the process in motion. The agency route and working with a private attorney are not mutually exclusive, and contested or complex situations often benefit from individual legal guidance.

A Two-Way Street

It is worth being candid that establishing parentage to obtain support also establishes the father's parental rights. Once a man is legally recognized as the father and ordered to pay support, he also gains standing to seek a parenting plan and time with the child. For many families that is entirely appropriate, since a child generally benefits from a relationship with both parents. But a parent seeking support should understand that the same legal step that secures support also opens the door to the other parent's involvement, which is usually a feature of the system rather than a flaw.

Get Help in Snohomish County

If you are raising a child with someone you never married and you need to establish support, the law is on your child's side, but the path runs through establishing parentage first. Getting that sequence right, and getting the support calculation correct, makes all the difference. The Law Office of Chad Foster can help you establish parentage, pursue a fair child support order, and understand what to expect, for parents across Snohomish County. Reach out to talk through your situation.