How Do I Fight 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 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.