A lawyer for child support deals with more than just helping custodial parents receive this financial support. This type of attorney also helps fight claims for back child support. When non-custodial parents are faced with the requirement to make child support payments that are past-due, they should get assistance from attorneys specializing in this area of the law. Speaking with an expert child support attorney for a free consultation is your first step to getting things done right this time around!
Back Child Support Issues
If a parent obligated to pay child support stops making these payments, the custodial parent can take legal action. Though custodial parents are entitled to exercise their child support rights, so are the parents charged with providing this financial support. Sometimes, extenuating circumstances cause non-custodial parents to fall behind with back child support payments and in these cases, legal recourse may be available.
For many non-custodial parents, child support represents a significant financial obligation. A layoff or large, unexpected expense can make it difficult to make child support payments. With the help of an attorney, a non-custodial parent may be able to lower child support payments, providing some financial breathing room. Non-custodial parents may also qualify for dependency exemptions for tax purposes as well as the Child Tax Credit and an attorney can make these determinations.
When back child support is owed, even bankruptcy will not usually discharge it. In fact, any debts considered “in the nature of support” for a child are not dischargeable through bankruptcy. These include debts for medical care received by the child. An attorney can help non-custodial parents find alternative ways to handle these debts without causing child support payments to go into arrears. For example, if uninsured medical expenses are not addressed in the child support order, this order may need to be revised to address who is responsible for payment.
No child support order is set in stone, offering non-custodial parents some level of flexibility. If finances get tight, an attorney can fight to reduce child support payments so the non-custodial parent does not go into arrears with these. To prevent severe legal actions such as wage garnishment, issues with support payments should be addressed as soon as they arise.
Non-custodial parents should not assume that they are the losers in child support negotiations. Attorneys fight for their rights so children receive the financial support necessary for a healthy and happy upbringing without a severe burden on the parent making the payments. If the financial situation of the non-custodial parent changes and payments slip into arrears, action can be taken to relieve this burden. But the only way to find out if you qualify for this relief is by finding out what your rights are–and you can do that with a free child support consultation today!
Shannon Miller says
February 28, 2015 at 1:35 amMy child attended high school until he was 19 years old. At age 8 I filed for child support. DNA test and all. The court ordered current child support starting at that time. I contacted them once and was told to make an agreement between the father and I. It never went well. The child is now 29years old. Can I file for arrears at this date and age? I reside in the state of NC
Luis says
September 8, 2014 at 9:59 pmI was ordered by the court to pay child support for my daughter who lived with her mother until she was 9. The mother was incarcerated and I had custody of her but the child support was never stopped by the court. I have been paying back child support for years at high interest rates for a child I had raised half of her life. Can I get the back child support waved as well as the interest if I can prove the mothers incarceration and my custody of my daughter?
Kindred Hall says
May 6, 2014 at 5:30 pmQuestion? My friend is 34 and get father never paid support. She wants to file back support. I’ve expressed its too late, she’s too old and just let it go. She stated I am incorrect. Who is right?
Nicholas Baker says
May 21, 2014 at 8:58 pmI have never heard of someone getting child support being the child of a parent that did not pay after this many years. This doesn’t mean it’s not possible in your state, but I seriously doubt it. It’s probably time to move on. The exception to this would be if the adult child is disabled.
steph says
April 11, 2014 at 1:01 pmMy husband is paying back child support from his daugters he always had the girls he had custody but the child support never stoped. even though they never lived with her . and they keep taking his tax income . every year .how can we stop this and take her to court
Nicholas Baker says
April 17, 2014 at 10:03 pmFile a petition to terminate support and a petition for temporary and permanent support immediately. You need to get in touch with a lawyer right away – someone on our team can help. You need to establish custody properly first, and that requires a fathers rights lawyer – and you’re in luck – we have them in your area!
Jacob Vallee says
February 6, 2015 at 2:05 pmHello, I am being spent into oblivon by child support past. I am not able to even eat correctly due to past due of interest. I have no idea as to why I am being charged and my dissability garnished at such a rate of interest that I cannot eat correctly due to high cost of living. I am concerned with the law that states no juristiction over me as well as the laws own stating they involved have no ability to garnish. Why are these thieves starving me to death? Can you help? Or is it that cost will bury me?
Mario Perez says
February 10, 2014 at 1:25 pmHello,
I have a question about child support and back pay. So 2 weeks ago I got a call from a girl I used “go out”. She called at my work stating that we had a meeting at the AGO for child support.(Never recvd any documents about the appointment) I was shocked because when she came out pg I told her I wanted a DNA test and to for us to go to court if he is mine I’ll take responsibility. Never heard back from her till now. I really thought since I told her that and she was going out with other people she wasn’t sure. She knew my number and where I worked. We haven’t gone to any meetings. I now have a family and care for my two sons from a previous relationship. If the child is mine I have no problem paying child support.The child is now 3yrs old and she waited this long to do this. Can I fight the back pay if the child is mine ?
Nicholas Baker says
February 15, 2014 at 12:57 pmIn many instances, yes, you can fight the back support. Most states have a threshold that needs to be proven on why she should receive back support. This threshold usually involves information such as: 1. did she know where you lived? 2. Sid she have your phone number/has your phone number remained the same? 3. Does she know where your parents live or how to get in touch with them? 4. why did she wait this long to bring a child support case forward against you? If she knew where you were living or could reasonably find that out and she waited, you probably should not be liable for some or all of the back support in many states. However, not all states feel this same way. You need to speak with a local child support attorney and see exactly what the rules are in your area. Give us a call and we’ll help sort you out!
Johnny R says
November 13, 2013 at 8:55 pmIn 2003 I received a letter saying I had to come to child support inforcement unit for DNA test I was freaking out because I have custody of the only children I was aware of having. When I arrived I walked in a room and there was old girlfriend. I was the father, I don’t deny that. What I’m having a problem with is the 20,000.00 in back child support I’m having to pay not knowing the child existed untill walking in that room. And so I paid 400.00 a month. 9 years later which was in 2012 I was taken back to court for more money because she heard I was making more money, bam now up to 500.00 ..they gave me copy of what I have had automatically taken out of my checks plus insurance I have on her every single day since I found out she was mine. I have paid 43,000.00 and my original amount is now higher by 4,000.00. Okay this is not even cool anymore, I am now being threatened by custodial parent about my taxes which I have to pay in every year on. Any suggestions or advice on getting back child support dropped, tired of being harassed and soooo much and not making any headway.
Family Law Advice says
November 24, 2013 at 2:24 pmGetting back child support dropped is not easy but it can be done if you get the right father’s rights help. The first step is having an attorney question why she did not bring the lawsuit sooner and that she should have been able to contact you because you were easy to be found. This would have stopped the back child support from having been entered to begin with, but you should have had one of our father’s rights lawyers on the case at that time. Now, what you can try to do is file a motion to reconsider the past judgment and ask that it be restructured and changed. This is not easy, but a father’s rights attorney can help.
Sean Mitchell says
June 17, 2013 at 10:08 pmI can tell you that the ag office acts really slow on the request to lower child support. I was laid off from a job and the following day contacted the ag office to file for my child support to be reviewed for a lower payment. it took them over 2 years to get it done, in the mean while I was paying more for child support than I was receiving on unemployment…..
familylawrights says
June 30, 2013 at 11:39 amThis, unfortunately, is the truth. If you want results fast, you need to hire an attorney, don’t expect the state to work hard or fast for you!
pamela griffin says
April 23, 2013 at 10:57 amWould I get child support money which was to be paid when I was a foster parent of three children when mom could not do it, she now HAS CHILDREN AND SHE FILED HER TAXES AND THEY ARE TAKING OUT FOR COURT ORDERED CHILD SUPPORT SHE DID NOT PAY WHEN I HAD THE CHILDREN…..
familylawrights says
April 29, 2013 at 9:57 pmProbably not. You should have filed a petition for temporary and permanent support back when you had the children. But don’t kid yourself, the state always gets their money.
Marcus Clark says
April 13, 2013 at 11:44 amHello!
I have questions regarding my case of being a non-custodial parent,I lost my job months ago and
i’m sure now i’m behind on payments.they were taken payments out of my checks while i was working
but the percentage was based on a job in which i first started paying child support because i was making a little more money.I never complained about the amount i was paying even though it put a burden in my source of living because i didn’t want to cause trouble and this is my first time being on child support,last year they took all my tax return and i’m afraid that they might do again this do to non payments now that i’m not working and fell behind.the mother of my son is in jail and i recently started building a relationship with my son.I lost my apartment after i lost my job so i’m homeless now.please give me some advice on what to do because i don’t mind paying just don’t want to be stuck out homeless for not receiving any of my income tax.
Tracy V says
April 10, 2013 at 10:36 pmMy husband was approved for SSD for mental issues in 2010.Thechild was also getting a check on behalf of my husband. The mother also recieved lump sum and on top of that they were taking 500 a month out of his check.In a 3 month period she got more than 9000.while we lived off of 327 amonth and eventually became homeless.They never motified his income even before he was approved for SSD,instead they raised it,and even the judge told my husband we need to get a attorny and we had a state hearing through child support and the lady said it was alot of money recieved by the money not to be taking into consideration!We just need to know how we can get the money back that has been over paid and also file complaint for mental distress this has caused our family.
familylawrights says
April 11, 2013 at 5:57 pmWhen income or substantial changes take place in a non custodial parents life either financially or otherwise, it is necessary to immediately go to court and file for a modification of child support. An expert child support attorney will tell you that the most important thing to do is act fast. Waiting until this happens makes it difficult to reverse. You will never get that money back, but you may be able to modify it going forward. Contact an expert immediately and get a free consultation to see what your rights are and if an expert can save you thousands of dollars.