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Establishment of Paternity
In this Topic
Definition and Purpose
For child support purposes, establishment of paternity is the process of creating a legal relationship between a father and child. Paternity is the legal determination of whether a putative father is legally the father of the child. The Title IV-D CS Program was initiated by the federal government to ensure that both parents take responsibility for the support of their children. This program requires parents not living with their children to help support them monetarily by making court-ordered payments. The legal father and/or mother of a child are the only parties required to pay child support. A child born during marriage is presumed to be a child of the marriage, consistent with the New Jersey Parentage Act; however, paternity is a rebuttable presumption that may be litigated in Court. In situations where the child was born outside of marriage, paternity of the child must be established before pursuing the father for child support. Actions to establish paternity may occur at any time up to five years after the child’s 18th birthday, the statutory age of majority as stipulated at New Jersey Statutes Annotated (N.J.S.A.) 9:17B-3.
Paternity is an issue in a support case when a child is born outside of marriage and:
- a completed COP has not been filed with the POP, consistent with N.J.S.A. 9:17-53(a), or another state’s acknowledgment;
- no prior New Jersey paternity order exists;
- no paternity order exists from an action in another state.
Court Rules and Paternity
The procedures for filing and processing a complaint to establish paternity are governed by New Jersey Court Rules. Specifically, Part V sets forth the practice in the Superior Court of New Jersey, Chancery Division, Family PartFamily Part. In an action involving the support of children that includes a paternity action, venue is laid in the county in which the child resides, unless another action between the parties is already venued in another countycounty.
Note: In TANF, Medicaid, and foster care cases, the county of venue will be determined by the CWA providing benefits for the child.
Proceedings to determine parent-child relationships are covered in New Jersey Court Rule (Rule) 5:14, which includes many of the provisions also contained in the Parentage Act. A paternity complaint must be verified (i.e., someone with direct knowledge must certify that the facts stated in the complaint are true). This requirement is obviously more difficult to meet when the plaintiff is someone other than the natural mother. In such cases, the court may accept a certification by the custodian setting forth the information she or he has regarding the child’s father. Sometimes the CWA has records of when the natural mother received TANF with the child, and her statements as to the child’s father may be used as agency business records to meet the verification requirement. This can be particularly important when the paternity case is a referral from the New Jersey DCP&P (formerly known as DYFS) to the CWA to file a complaint for paternity and support, and the CWA has no access to the natural mother other than as a defendant.
Benefits of Establishing Paternity
The establishment of paternity entitles the child to benefits. The following table provides some examples.
| Benefit | Description |
|
Heritage and family contact |
The child may have contact not only with the father, but also with grandparents and other relatives. This helps a child have a sense of identity and knowledge of his/her personal background. |
|
Financial support |
The child is eligible to receive financial support from his/her father. |
|
Social Security |
If the father becomes disabled or dies, the child may be eligible for a portion of the disability or survivor benefits. |
|
Inheritance |
The father or his family may have property or other assets that the child has a right to inherit. |
|
Insurance |
The father may be ordered by the court to provide medical insurance (health care) for the child, or the child may be entitled to his/her father’s life insurance benefits. |
|
Medical history |
The child may have access to his/her father’s medical history, if the father agrees to release his information and if the release is in accordance with HIPAA laws. |
|
U.S. military benefits/veterans benefits |
The child may be eligible for military allotment, medical coverage, or life insurance benefits if his/her father previously served or currently serves in the military. In addition, if the father suffers a disability while serving in the military, the child could receive help paying for a college education. |
Related Information
- New Jersey Court Rule (Rule) 5:1-1.
- Rule 5:2-1.