text: if two individuals aren't legally married n have a child together, can the mother get child support?? my friend has a 2yr old baby whom it was out of wedlock, and i am wondering if she could get child support for her boy friend?? i personally think she can just b/c he is the biological father but she thinks that u have to b married?? which is true?? plzzzzz help me understand this?? the non custodial biological parent of a child has a legal obligation to provide support for that child, regardless of marital status. the only way that niether parent pays support to the other is if they share custody and expenses equally or if the custodial parent is financially well off and formally declines support. you are correct. she is mistaken.