How to Request Child Support When Not Married?

Clause 1 of Article 107 of the Law on Marriage and Family 2014 stipulates alimony obligations as follows:

Alimony obligations are performed between parents and children; between siblings; between grandparents and grandchildren; between uncles, aunts, and nieces, nephews; between spouses as regulated by this Law.

Alimony obligations cannot be replaced by other obligations and cannot be transferred to others.

Alimony obligations performed between parents and children are established when there is a biological or marital relationship. However, since you and your husband have not registered your marriage, the marital relationship has not been established. Therefore, to request alimony for the child, you need to proceed with the following steps:

1. Registering the acknowledgment of parent-child relationship

You need to prepare:

- A declaration for registering the acknowledgment of parent-child relationship (according to the form issued with Circular 04/2020/TT-BTP);

- Documents proving the parent-child relationship:

According to Article 14 of Circular 04/2020/TT-BTP, these include:

+ Documentation from a medical agency, assessment agency, or other competent agency or organization within or outside the country confirming the parent-child relationship.

+ In cases where there is no evidence proving the parent-child relationship, the parties acknowledging the parent-child relationship must make a statement about the parent-child relationship according to the provisions of Article 5 of Circular 04/2020/TT-BTP, with at least two witnesses to the parent-child relationship.

- Processing time: 03 working days from the date of receipt of complete documents. In cases where verification is required, the period may be extended by no more than 05 working days.

2. Requesting alimony for the child

After completing the procedure for acknowledging the parent-child relationship, you have the right to request your husband to provide alimony for the child. If your husband does not agree, you can request the Court to resolve the matter.

Sincerely!