A divorce is ugly enough by itself but throw in a custody battle as well, and it can get out of control very quickly. In many cases, once the dust settles, one of the parents finds themselves in a bind already owing back child support. In some cases, the individual required to pay child support may have a case to have the back payments lowered or erased completely.
There are also times when a divorce may not even be part of the case. For instance, a situation occurs where two individuals spend a night together and never expect to see each other again. Lo and behold, the one night stand ends up with the young lady being pregnant. The father did not even know he had a child until the court notice shows up in his mailbox for back child support.
Another situation that happens, especially in this economy, is the loss of a job. Obviously, a person cannot pay support if they do not have a job creating income. If this is the case, it would be prudent to contact an attorney immediately to try and have the payments suspended, or at least reduced, until employment is secured. Otherwise, the individual will have racked up back payments and could find themselves in handcuffs and headed to the local jail.
If the couple has an arrangement outside of the courts and difficulties arise, it could lead to an ugly situation. This happens more than one would think and even though the one parent has been making support payments, it may appear to the courts as though they have been neglectful in their duties. It is for this reason that if you do have an agreement such as this in place, all payments need to be documented as well as some type of receipt by the other parent noting the money received is actually child support.
Finally, if the secondary parent has secured work that elevates their income above the other parent, the parent paying support may have a valid case to have their support decreased. This is definitely a case where an attorney will be needed to file the proper petitions and gather the proper documents needed for the courts.
All parents need to be responsible for their children, but there are situations where back child support or current payments are unreasonable. By contacting a child support attorney, the legal situation can be fully laid out and explained, as well as any options you may have to proceed concerning lowering or eliminating payments.
