Last Updated on November 28, 2022 @ 9:20 am

Fighting Back Child Support

Many parents find themselves paying child support following a divorce. If these payments are not made as agreed, back child support accumulates, leaving one parent without needed cash and the other on the hook for the money. There are two sides to every story and in some cases, the payer may want to fight a claim of owed back child support.

Back Child Support

Some fathers do not even know they have a child until they receive a notice for past due child support. During the time it takes to establish paternity, this balance grows. If the man is deemed the father, he should obtain a lawyer for child support and take the mother to court. Though there is no guarantee of winning this case, a good lawyer may be able to arrange a reasonable financial concession or affordable repayment plan, or at least reduce the amount of back child support owed.

Other payers know that they owe a claim for back child support but find themselves unable to pay it due to an unexpected financial emergency like the loss of a job. They should retain a lawyer to help them lower child support obligations. A court may not agree to a permanent adjustment but might temporarily lower the payment until the payer is able to find a new job with an equivalent rate of pay.

Some parents, particularly those who are unmarried, may come to a child support agreement outside of court. The person making support payments should keep detailed records of these. There may come a day when the other parent attempts to make the support a legal obligation. If back child support is demanded, documentation of prior payments will come in handy. It can also help when one parent files a Complaint for Contempt for failure to pay back child support.

One parent may try to terminate a child support order upon learning that the other parent is earning an equivalent amount of money. The process must go through the court, so a lawyer for child support should be retained. Supporting documentation must be gathered and provided to the attorney. The lawyer will then file a petition for termination of the order, which must be approved by a child support agency or family court.

Parents should know their child support rights and be ready to fight for them, including fighting against paying child support, when warranted. A child support attorney will explain these rights and help a client take the necessary action. The goal is to keep the child living comfortably without paying any more child support than is necessary. And when back child support gets out of control, only an expert attorney can help fight for your rights.

15 thoughts on “How Do I Fight Back Child Support?”

  1. Hi guys am from ga and the town I come from does not care about you all they wont is the money I was going to school to school trying to better myself to get a good job .But when I went before a judge he got mad because I was studying law and he told me if I didnt pay I would have to send my weekends in jail. I Could only get out just to go to school. Take away some of there power it seem like they are the goverment.They make there on laws so the man can’t do any thing but work and work then if hes two months behind go to jail. then you are back were you started someone must standup I am willing to fight and get this right are you.

    1. Child support laws are tough to navigate and it’s true, if someone doesn’t pay on time, the courts have pretty strong power to enforce their court orders. Right or wrong, they are in charge. When a parent can’t pay, they may be able to seek a temporary modification of child support – this will depend on a number of factors, but primarily, that there has been a substantial change in circumstances.
      That is broad sounding, and it is. It could be a situation like you mentioned, being in school. It could be because of increased costs for the child. And it could be because someone lost their job.
      Speaking with a child support attorney who has your back isn’t always necessary, but is definitely a smart move to keep yourself out of jail (which is what could happen if you are found in contempt of court for not following a court order.
      Please do what you can to protect yourself – good luck.

  2. William Stickell

    The state I live in and have a Child support recovery case (IOWA) does not care that I have struggled my whole life with a psychological injury and have never been able to work fulltime or for more than a year at one job. They have taken my drivers licenses, I have never been able to buy my own house or car.. I have been homeless so many times literally sleeping under bridges and empty condemned buildings, I cannot afford a lawyer and thats what they hope for. the fact that I suffer from the mental illness because of sever child abuse that is a direct result from being abuses under the care of the same state that has the Child support against me. this is all in my medical records which was paid for by the same state. Not only do I have a mental health issue but I also suffer from two inflammatory diseases which affects my weight bearing joints, and I cannot work any physical type of job, I cannot even stand for more than an hour with out sever pain and exhausting. The state of Iowa has literally taken my whole life and has not had to face any justice for their abuse. but yet they try to blame me and label me as deadbeat. What can I do?

  3. Family law and child support are a complete joke made to beat an individuals mental health down. The courts steel from individuals, force then to choose between working to survive or spending time with their children and have nothing to offer them. It’s a constant beat down and some commit suicide to find relief. Lawyers can’t help most situations because the child support system don’t care about anything but the money. Its a shame our country tolerates this gross injustice. Our system are the criminals that have ruined this once great country.

  4. If this person really wanted to help people that owe child support with a better outcome, it wouldn’t cost anything. I say this because how is someone going to offer to help out and charge us when the reason we need help is because child support is taking everything we have, meaning we don’t have shit. Not even to barely survive on. To retain this persons services, it would mean not making payments so that we can save enough for whatever fee is charged. That means now we are further behind in payments. That means we now owe more in interest. For what? The most to lower the payments which in the long run would equal to the amount we didn’t send in to pay for his services. Think people, that 2,000 a year that was lowered cost us 5,000 in the long run. There is no hope. No one cares. They have been doing this to fathers for a long time and nothing has been done about it. It has only gotten worse. It’s time to think how they think. Do what they do. What we have been doin g this whole time hasn’t helped us and it’s time to think about doing things differently. Stay strong and good luck

    1. I also had health issues in 2004 Illinois DCFS ordered $64,000 back child support. I was homeless In 2007 was working had a home when my saving were garnished and became homeless and found out I owed $90,000. I 2013 was on SSI turned 62 got SS and on SSI got $900 a month my SS was $1,100 but after child support less than $500, and I became homeless again.

  5. Can a parent fight child support if they have proof the other parent was talking in a romantic manner to another person while they were already separated? Does it matter?

      1. This is correct. It doesn’t matter if infidelity was involved, child support needs to be paid because public policy in every state is that a child’s well-being is paramount to any other situation.

  6. Joseph Freddrick Tallent

    After a heart attack my licence was revoked making it impossible to find steady work and pay, it’s been over 10 yrs. and children are now 26 and over, need this settled and reduced to something more realistic, I also need my licence back to make this happen, can’t carry on this way with no money for myself to survive, ex is uncooperative and I need help, any help is appreciated, Thank you .

  7. I am trying to find an attorney who will look over my child support case. I have thought for a very long time that something is not right with it. And because my ex’s aunt works in the same department things have been done to my case that I have had to email the governor about a few times. And now I am trying to seek council because I just feel that I need someone who can defend me who knows the law. I have tried to document everything and have the majority of my papers. But I cannot afford to pay alot considering that even working almost 40 hrs a week for a month and I do not even bring home $300.00. Besides this I have not gotten to see my children in over 5 years and have had a very hard time with this. I just need someone who can help me win my life and my kids back. I do hope you respond and if you do not practice in the state of West Virginia could you let me know this also. And if you do could you give me an estimated guess at what it would cost. There would be a lot of paperwork and work involved because it has been 10 years.

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