child supportLast Updated: December 5, 2022

You are not alone if you have child support problems. The law is confusing and the deck can often be stacked against the paying parent without a proper review of the numbers. Non-custodial parents pay child support to provide financial assistance to parents with primary custody. An experienced child support (free consultation here!) can provide assistance with obtaining, enforcing, and modifying a child support order. This process likely requires interaction with state government agencies, so having a legal expert in one’s corner can prove very helpful.

Child Support Problems?

During a custody battle, an attorney will ordinarily represent the best interests of the child. The same goes for how the law is written for child support cases. The law in every state makes it a priority for both parents to provide financial support for their children. A specific formula is used to determine the amount of child support either parent might have to pay, and that’s all it is – a math equation. Sometimes, parents can agree to an amount that is different from what the math equation is. This amount could be higher or even lower. Child support problems normally happen when parents don’t agree on a set amount or the amount is higher than one parent can afford.

Agreement on Child Support?

Some parents might initially agree on child support arrangements but over time, situational changes necessitate a revision. Modifications by one parent are where many child support problems begin. A custodial parent who wants to raise child support payments can retain an attorney for assistance. The lawyer will prepare a case that justifies the increase and will present this in family court for a judge to decide. If a favorable decision is made, the child support order will be revised to reflect the change.

When parents cannot agree on child support payment plans or when one parent must recoup back child support, the situation can be difficult to navigate. Some parents are overwhelmed at the mere thought of discussing child support, let alone going to court to settle the issue. An attorney makes the process easier and removes some emotion from the situation.

Avoiding Child Support Problems

An experienced lawyer can help divorcing parents trying to iron out support issues as well as unmarried parents who are unaware of their child support rights. When one parent is trying to enforce a child support order, the attorney can help ensure a successful outcome. A lawyer can even help a non-custodial parent lower child support payments due to loss of a job or disability. But there are several instances where support cannot be lowered because of the loss of a job. People that try to avoid support and quit or people that have been fired “for cause” (this means fired for doing something wrong, not merely ‘downsized’), won’t be able to modify child support to a lower amount.

Child support lawyers can help people avoid these types of problems by explaining how, when, and why child support needs to be paid. Child support problems can be extreme in some instances and result in jail time. Jail time can be ordered if a parent does not pay their support an gets held in contempt of court.

Jail time for contempt of court can happen when:

1.) an order says a parent must pay;

2.) the non-custodial parent doesn’t pay;

3.) the non-custodial parent shows no justifiable reason why they didn’t/couldn’t pay, and

4.) the non-custodial parent then further doesn’t pay after being held in contempt of court.

Any parent with a potential contempt order needs an attorney immediately. Thousands of people are arrested and put in jail every year for non-payment of child support .

Child Support Problems and Custody

Child support cases have high stakes both while they are being determined and in the future. The amount of child support that gets calculated likely depends upon the number of overnights each parent has. In many states, once each parent has at least 40% of the overnights the formula drastically changes, and the amount of support is significantly lower.

When parent shave equal (50/50) parenting time, most states do not require any payments from one parent to the other (except in certain instances where one parent earns significantly more than the other parent). Fighting for equal (or close to equal) custody is one way for a parent to lower or eliminate child support payments AND to be able to spend more time with their children – a win-win! Always work on custody while you work on child support.

Next Steps

Whether parents need to know their child support rights, want to make adjustments to the amount of support, or get help recouping back child support, they should get the facts straight and learn how the law impacts their life. Child support attorneys often offer free consultations to determine if a case is necessary. And most parents that have child support problems should explore the issue of child custody and parenting time as well. Don’t keep the case limited to only support, get the parenting time you deserve, and you likely will have child support lowered or eliminated altogether!

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62 thoughts on “Lawyers Can Fix Child Support Problems”

  1. I thought that it was interesting when you said that one thing to consider when you are going through a divorce and have children is to hire a lawyer to iron out issues regarding custody. I remember my friend going through a divorce and seeing she and her husband fight over the children without the help of a lawyer. I would be sure to hire an attorney to acquire professional mediation in resolving this issue.

  2. I had a cps investigation 4 years ago their father was granted custody until i attained a house and a reliable vehicle amongst a couple other requests by the judge. I have so, and i have had my kids for holidays and summer vacation and I’ve provided a stable happy home in a great community and the father of my kids called three years ago telling me that he needed me to take the kids due to the fact that him and his wife were marital infidelity and the father wasn’t able to provide a stable residents and he had to take the kids to live in a hotel. At which point he adked me to take the kids for the best of their well being and so gladly i did. I’ve had them and supporrted them since. With no help from him financially. Now all of a sudden i am getting a call from a private investigator saying its about custody issues. What should i do?

  3. Hello Unfortunately My husband and ex-wife had a bitter divorce and child custody battle, which she lied many times and the court they attended is known for unfair practices. She said he was never therefore the children, but being in the military, missions and deployments are mandatory. She did not complain during the marriage while receiving all the money. She asked for child support using his pay during the army, and didn’t include the other children from prior marriage he was supporting. To make sure the kids were happy, he didn’t fight it. But when retired, he was 80% disable. His retirement pay is not much and it is all going to child support. His disability payment is going to all his bills they accumulated when they were married. I cannot help because I have children of my own and we have a 3 kids together, I am paying for everything else to support us. In the court order, she was allowed to go to her native country and take the 3 children with her, which is about 14 hours away and costly. We have been trying all we can to save up to either have him travel to see them or have them visit us, but with no money it is hard. Now we found out he needs to make 3 visits to that country before the children can come visit us. She knows all his money is going to child support (not all is going to them because the oldest has a job), she is living with her parents, she has a good full time job and she just got married. I think it is not fair, the children want to see their father, but her pride and greed are keeping them from that.

    Is it possible for him to modify the current child support order so that can have money to see them or can he modify the order to remove that 3 time visit?

  4. My husband has one kid left from his previous marriage that he is still paying child support on. The child is 20 years old and they moved to Tennessee back in 2015 and the mother never filed there because the state laws are different than they are in New York and she knew they would stop the payments so she didn’t file. We tried to file in New York to get it stopped seeing that no one has lived in New York for 2 years now but it is out of their jurisdiction so they would not help us. My husband filed in Alabama to get it stopped in New York and then Alabama started taking the payments. There was a court date set for May of this year, but the case worker told my husband he did not need to appear as it was just a date to set the case date because it was coming from another state. We have been trying to get in touch with the case worker since and she never returns calls or replies to emails. We now have gotten a notice from the court in Tennessee saying that they are going to continue the New York case because he was not there. This son of his is 20 years old works a full time job with 5 incomes in their house while me and my husband are struggling to take care of our 5 and 6 year old kids in our household. How can we get the child support terminated? I thought the law in Tennessee was the we only had to pay til the kid was 18 years old?!?!?

  5. Hi , I have just been to court over a child support case. When I had a draft done of my 2016 tax return it showed my income . Unfortunately will i am waiting to go back for a second time , I reviewed my tax return and realized it was incorrect. I didn’t show income from an apartment I have. Should i file to correct this ? By doing so it may seem to the court I was intentionally hiding income . Or should I just wait and see if they find out on their own? By the way the rent was paid in cash. Just would like your input . Thank you Steve

  6. Hi my kids mother lives 4 hours away so she has our 3 kids most of the time and we have a child support case coming up. My question is how do I know that she hasnt lied about her income and since I live in MD and she lives in PA, will the court take into consideration that the price of living and rent in PA us much cheaper than here in Baltimore.

  7. I can tell you from experience my story. I was supposedly served with child support papers and a summons (I never got them, but that doesn’t really matter for this). the point is that, after I found out about the court date, I showed up and told the truth. I told the judge that I had been giving the mom money and buying diapers, clothes, food, and even paid the utility bills at my ex’s apartment for 2-months, so the heat wouldn’t get turned off. The judge said that none of that was child support except the money I gave her, and it was cash and she lied about it. I got royally screwed. I called up a lawyer here, and talked with Scott. We went back to court, in front of the same judge that ripped me off, and I got credit for all the things I bought for my kid. it saved me almost 3000 dollars. just my experience, don’t show up alone without a lawyer unless you want to get screwed.

    1. Dan – we agree with what you said about getting professional help. That is why we provide information for people and then connect them for free to a local attorney that can fight or their rights! Thanks for sharing!

    2. I have a question I was ordered to pay child support when I was incarcerated but the hope time and prior to being locked up me and family took care of my son he lived with me prior to me getting locked up then after he moved in with his grandma and then 3 months prior to me getting out I get this child support paper stating I am to pay and also all the back pay since my son was born how do I get that fixed cause he still lives with grandma and mother don’t live there either and I still pay child support and also pay for everything food, clothes, phone, hair cuts everything which that’s my job I m the father but don’t feel the mother should get the support and she don’t use it on our son at all she don’t work she don’t do nothing I don’t know what to do because she knows I was caring for him and still do and if I should pay anyone it should be the grandma not the mother what do I do can I do anything?

  8. Hi,

    I am the mother. I left the home because my husband wanted me to. My children are 17 and 15 years old. My husband is now taking me to court for child support. He earns 40,000 a year and I earn 19.000 a year. I need advice on whats to do.

    thank you.

    1. The number one no-no that any family law attorney worth his weight in salt will tell her/his client is this: NEVER MOVE OUT OF THE HOME AND LEAVE YOUR KIDS BEHIND! You have basically given your ex de-facto custody of the kids, which, in almost every state, entitles him to child support. This is a tough fix, but not impossible to overcome. Best advice would be to fight for joint custody. Call us immediately!

  9. Just a Question. Can be, my tax returns as income? My ex is asking for 28% of my Tax refunds. The judge denied 2 times. This time she asked again and he gave to her. That is right? In no Return a refund? That Is what I understand. She claim for one child and I do for the other child. So, she gets refunds from one an me from the another. But She wants from my part too. What is really right and what can I do? Last year my life changed. I have a loan to pay. I remarried, and the return is more for that reason, I need to spend more money. She says the return is income. I am from Illinois. Can somebody help me?

    1. Edy, I dealt with this same issue with my ex. Here is what the judge in my state told me: all income that I earn is supposed to be used to determine how much child support I pay. If I claim 15 exemptions, I will have hardly any income withheld from my paycheck and my tax return will be zero, or I’ll probably even owe thousands of dollars at the end of the year. If I claim 0 exemptions on my paychecks, my tax return will be big, because I will have gotten a lot of money. This is why the judge ordered me to give him part of my tax return. It doesn’t seem fair, but in all reality, it is, even though it pissed me off.

  10. My son is turning 18 next month and i have strong reason to believe he is no longer enrolled in high school. Every attempt I have made to talk to him or his mother about his enrollment is met with no straightforward answers. She refuses to provide me with evidence of his enrollment and it’s very frustrating. He was attending a charter school and they told me he is officially now on the Texas drop our list. All evidence points to him NOT being in school. What should i do here?

  11. My husband has full custody of his oldest daughter from a previous relationship. The biological mother is to be paying child support of approximately $400 per month. we began receiving a $50 direct deposit from the Family Support Registry and assumed that was all she had been paying. She did not pay for the first 2 years, so she owes quite a large sum in back child support, as well. We just found out that the stated of Florida has been collecting the court ordered amount, plus an additional amount for the back owed, but they are only submitting $50 to the registry. Why would the State retain the majority of a payment? From what we can calculate, they have kept over $14,000 that they collected. We do not owe taxes or anything to that state. In fact, we live in CO now! Please help – this has been a 3 1/2 struggle and our case worker never follows up.

  12. Hi this is Loretta my son is 27 he has no job and leaning problems a girl came in his life and had a baby he fricked out he did not want baby she knew that told him she would keep it and he did not have to do anything but now child surpoted is after him .I don’t know what to do .we has been trying to get ssi I take care of him . so how and what am I surpose to do need help they want him to sign papers saying he will pay 187 mth he don’t work so how is he surpose to pay. he did not want baby and don’t want to see him.he does not do good arould people so what he surpose to do with kid.

  13. I have 2 sons. We got divorced after fifteen years of marriage. I agreed and faithfully paid all my child support with the last payment being approximately 12 years ago. when my oldest son turned 17 years old he moved from Va.. to Fla. to live with me. agreement was to pay till he was 18 but do to his living arrangement change i discussed with an attorney who stated seeing she had one son and I also had one son that the payments should stop.. Instead I kept sending the full amount until the oldest turned 18 years old. this was because I continued paying for the youngest and paying for both would double up the payments to finish a year earlier .there’s only a 2 year difference in their ages.
    Everything was fine for 12 years no problems and out of the blue I get a letter from child enforcement stating I never paid any child support. She totally lied on a official notarized statement. Now child enforcement is supposed to make me go to court down in Va. I live in NY.. I’m disabled living on SSD. I can’t believe this is happening to me!! How can I stop this.

  14. My fiancé’ has a 16 year old son with a one night stand. He has taken her to court several times over the years for his visitation rights that she constantly refuses him. For years of not getting any resolution through the court or the mother, he gave up and stayed a dormant parent. She 1 year ago suddenly demanded my fiancé’ be a part of the child’s life due to the child is now unruly towards the mother. He pays his child support faithfully every month, pays for full insurance; she was also denying him the right to claim the child on taxes every other year. She is constantly asking for extra money. If we deny she threatens to take him back to court for more money. She did send my fiancé’ to court in 2012 for more money but she didnt even show up. So the court mediator set his child support at $700 a month and the he could claim the child every year until he’s 18. Our current problem is the mother got cosmetic braces put on the child without consulting us first. She expected us to pay the part of the bill that insurance didnt cover. We researched his court papers and confirmed that we are not responsible for uncovered medical expenses or paying half the bill. We let her know of our rights and responsibilities, but also agreed to help her with the bill according to what our finances allowed us to help. She got mad and is threatening to take us to court for more money. We have no proof of her denial of visitation all these years. Does she seriously have legal rights to constantly keep doing this? The father has got to have more rights than this.

  15. Can I get money back I paid for child support. My daughter turned 18 in April. But stopped attending school in March. They are still taking money from paychecks to this day.I am in Texas, money is sent to Maryland. But now mother kicked my daughter out of her house. And she is now residing with me.

    1. Nicholas Baker

      You need to either fly to Maryland and file a Petition to Terminate Support or else contact us and speak with a Maryland attorney (make sure you put in the Maryland County zip code where your case is at). You have to do this fast.

  16. I’ve been divorced for just over a year. My ex-husband pays approximately $200 less a month in child support than what he should based on his income. The reason for this is his income was incorrect on our divorce papers. Is there anything I can do to have this fixed?

    1. Nicholas Baker

      You need to file a petition to modify support. Ask the judge to have him provide a financial disclosure statement, recent pay stubs, and last years tax returns. That will give you the information that you need so that you can obtain the proper amount of child support.

  17. I think I am paying to much in child support I have two kids one lives with his grama and gandpa in pa and the other lives with the mother in north Carolina. I am paying support thru pa because my ex filed there then moved to north Carolina. know my ex-mother-in law is getting the support for the one who lives with he

    1. Nicholas Baker

      It is possible that you are paying too much in child support if multiple orders have been entered against you. Normally, in this type of situation, you would pay child support in one of a few different ways. We need to see your paperwork and know how much you earn to calculate this properly. Give our child support attorneys in Pennsylvania a call right away!

  18. When my ex and I separated, circumstances dictated he retain primary custody. We agreed not to pursue child support/alimony, which worked until his now wife arrived. She was paying more than the $50 a week I was paying so they took me to court to raise the amount. he gets paid a salary which he declared and “expenses” which he didn’t. She has since lost her job, and has not found another in well over a year. There is also an older daughter (estranged from me) who resides there and is not working.They have bought numerous firearms over the last year, which are not cheap. I have received a letter saying 3 years has passed and they are now eligible to have the amount raised. how can i best fight this if they decide to go back to court?

    1. Nicholas Baker

      The main problem you have is that there is an obligation for you to provide support for the child that lives with someone else. The other parent is already paying for an extra bedroom, utilities, food, transportation, phone bills, etc., for that child that lives with them. Because you do not have to incur any of these costs except for taking care of yourself, the courts make you partially responsible for a portion of those extra bills. Depending on the state oyu live in, you may be able to fight a modification of support, and generally, just because they make more money than you, does not relieve you of your obligation to pay for your child – so the first step to being able to deal with this situation is understanding that, which may be difficult when you are dealing with someone that is spiteful, like it sounds like your ex is. Give one of our child support lawyers a call and we’ll see what can be done, maybe we can fight and save you some money, or at least help you to understand how the child support process works.

  19. Had an affair 3 yrs ago in October she called me in May an said she was pregnant an it was mine. When the baby was do I went to see the baby signed birth certificate an that was that I would call her no response than last year I get a letter saying she was putting me on child support I went to court they said I had a certain amount of time to get a DNA TEST. She got her number change no way of getting in touch with her. Finally when it was time for court they said starting April I will be on Child support with every other weekend. Well she finally let me get the baby I went the day I got her to get a blood test found out im not the father to this baby what do I do? I stay in Texas

    1. Call us immediately. There are strict time restraints for throwing out the birth certificate you signed – you must allege fraud, that she lied to you and said the baby was 100% yours – there is no time to waste, not doing so could cost you tens of thousands of dollars over the next 18-years!

  20. My wife pays child support in Louisiana. I am in the Army and we lived in Florida. My wife would send money orders to Louisiana and get checks back in the mail as if she over paid. Florida has suspended her license twice. The first time it was resolved when the child support came out of our taxes. By the end of the next year same thing. My wife has contacted both child support offices. She has been sending money orders and receiving checks back the whole time. Florida tells her they need something from Louisiana and Louisiana tells us they sent it. Florida says they never received it. This has happened many times. We don’t even live in Florida any more. How can we resolve this? Where can we get help? We live in Georgia now.

    1. You need to contact the state where the child support order is entered. If it is a Louisiana case, that is the office to contact. Then, get a local attorney there who will go into the office, set things up the correct way, and then you won’t have to worry about it all the time. In the long run, hiring an attorney would have already saved you thousands of dollars and hours of aggravation – give our team a call right away.

  21. hello , me n my ex went to court to agree on 450 a month for child support, its less than what she is supposed to get because it have too many bills and loans to pay, so the judge told her if she agrees on the 450 which is less than what she is supposed to get that she cant get more even when i get a pay raise or change to a better paying job , how true is this? its in the state of texas. does this stand? or will it change and they will get more money? i need an answer urgently pleaseeeeeeeeeee.

    1. Family Law Advice

      Hi John, It depends on what exactly is in the court order. Usually if there is a major change financially then there can be a child support modification. I would get your case evaluated and see what one of our family law attorneys recommend.

  22. My wife gets her child support through the District Attorney since 12/10. He is also supposed to have his son insured with medical,dental and vision which he stopped paying since he started sending payments to the D.A. It is stated as such in their divorce decree, but since there is not an exact dollar amount, they can not collect it. Her ex has money for trips, and new cars, but refuses to pick up the tab on his only biological sons court mandated insurance. What steps would be taken to get the amount that my wife now pays for this insurance put into a dollar figure so that the D.A. could collect this along with the child support.

  23. Hello, I have a cousin that is paying child support through the court system (his decision) because of the problems he’s been having with his child’s mother. He got a new job and informed his new employer that his child support must be deducted and paid. He has been contacted by child support services and they told him that they have not rec’d any payments. He has been working the new job for about 3 mths. He contacted his employer and they stated that the money was taken out, & they needed to see why the payments were not sent to the child support. My cousin has been trying to reach out to child support services. no one is returning calls. His company has promised to fix the issue and cut a check but nothing been done. My cousins has requested that a letter from the company be sent clarifying that it was their error.that payment has not been sent. He had also requested that they provide him with a check # & date it was sent. As of this date 11/25/2013 the problem has not been resolved. He is fearful that he may get arrested for non payment. What can he do to protect himself from arrest, and can anything be done about his employer for not paying child support when it was deducted from his check? Please help he doesn’t deserve this.

  24. Hi my husband and his ex wife have been divorced for 4 years now. He pays a court ordered amount for child support from his job he had 4 years ago. He no longer is making the same amount of money he was then, actually its cut in half. We cant afford a lawyer. How can we go about reducing the his child support every month. We just simply can not afford to pay her the same amount anymore.

  25. My husband pays his ex-wife 90% of his paycheck. He had more money in 2006 when they divorced and signed an agreement saying he’d pay her $4500 per month in child support. At the time this was 25% of his income. Now, his income has been reduced to $80k per year. He is a teacher who used to receive quarterly dividends from a family trust. The family trust no longer exists because of the economic downturn, which he did not foresee. He took her to court last month to try to reduce payments but his useless lawyer was unable to prove to the judge that his income had in fact been reduced. A simple tax return from the family trust probably would have done it, but they obviously didn’t think of that. You get what you pay for I guess. The judge ruled he still has to pay the $4500. That leaves him with $300 a month leftover for food, bills, living expenses, etc. Unbelievable. I work but can’t make enough for both of us. Ex-wife is hostile and their relationship is acrimonious at best. He still has another 10 years of child support and it is just unsustainable at this rate. Both her kids are in school full-time. She chooses not to work. She has $700K in assets from a lump-sum given to her during the divorce. Can this judgement be repealed? Are there any further avenues for him?

  26. My son was married 9 years and seperated 1 year before divorce was finalized. They had one child. The wife cheated on him and moved out and in with her boyfriend during the seperation. The boyfriend lived in a neighboring state. My son and his ex agreed that each would have shared physical custody of the minor child. My son is on Social Security Diability and has been for a number of years. They agreed that each would take financial respondsibility of their child since they have shared custody. She went and applied for services from DHHR, food stamps and medicaid as well. The ex did this without talking to my son. DHHR has filed for a hearing to collect child support from him. What are his rights concerning this matter.

    1. familylawrights

      When one parent with children goes on public aid, many times the state will want to recuperate the money sent to that parent by collecting from the noncustodial parent that was not paying child support. This situation is a little different, and truthfully, you need and deserve more than a one paragraph answer. Give us a call and we will have one of our expert attorneys discuss things with you right away with a free consultation.

  27. My son is having problems with a young lady that he has a son with. He is a very good father, he pays her child support without having a child support order. He gives her what she ask for and gets his son every other weekend. (is what they agreed upon) , even spends time with him on other days (takes him to car shows, races, etc. She is constantly harassing him about something. She tells him he can’t see the baby when he doesn’t do what she wants him to do.He has two other kids that he also takes care of. His children are never neglected by him. He wants to get a lawyer but he can’t afford a lawyer. What should he do at this point. I am not saying he is a good father because he is my son, but because his dad was not around him, he wants to be a better father to his children.

    1. familylawrights

      Unfortunately, when this type of situation arises, it is time to get the courts involved and speak with a professional that can help. The judge, seeing how he has been responsible in the past, will grant him visitation rights that, if she does not honor the court order, she will be held in contempt. Speak to an attorney and get started right away!

  28. My friend has been giving agreed amount of money weekly since seperation for son. Now child support has started and they say back pay is owed. How to proceed when money has been giving to support child the whole time?

    1. He is going to need a paper trail to prove that he was making payments to knock down the back child support amount. If his ex is willing to state that he paid, a notarized affidavit would be a good idea as well. If she is lying about his payments, he will need to provide proof (cancelled checks, money order receipts, etc.). If he has no proof, as payments were made in cash, he is probably out of luck. Never , ever pay child support with cash! This is the biggest mistake anyone can make and boggles every attorney’s mind. The ex will lie, don’t trust them, pay with a check and keep your records forever!!!

  29. My son recently was laid off from his job and has not found another job yet. He is due in court for child support in two weeks and is wondering how that will effect his case.

    1. familylawrights

      He needs to file a Petition to Modify Support. This will allow him to point out that he has lost his job and cannot pay the high amount and needs to have the child support amount lowered. The problem is tat he waited 6-months! When you lose your job, you need to immediately file for a modification of the support amount in court so that arrears and back support don’t add up. Not acting quickly, as he failed to do, makes it an issue where he should probably hire an attorney or risk being held in contempt of court. Good luck!

    1. Well, it depends: what state are you in? If you are in a state like Illinois, you pay 20% of your net income for child support for one child. ?If you are paying child support to someone else already, you subtract that amount of money from your net pay, and the remaining money you use to calculate 20% for the new child support case you have. It’s confusing–which is why you should speak with an attorney for a free consultation!

  30. To make a long story short…..

    I was legally married and already separated from husband and living alone when I met someone and lived with that person for 5 yrs and had two children with him. I have one child from my husband. I am back with my husband and have been for three years (got married in 1994). The father of my two boys was paying child support on time and the amount we agreed on and visitation. We did not go through court, never filed anything. He recently stopped paying and when he was paying before, it would be late and/or not the right amount of money agreed on. He was paying taxes all of this time and informed me that he has been getting paid under the table since Oct 2012. He has stopped paying child support last month. He moved in with his girlfriend of one yr. He said he had to pay his share of bills with this woman or she would break up with him. He is not paying me a dime. He says his boss’ business is going under (not sure if a lie) and that is why he is getting paid under table he says, not sure what to believe. He also said that his gf’s father of her two kids never paid a thing so i’m wondering if the gf told him to get paid under table now so i can’t get money from him. She seems to be a big influence on him because he isn’t complying anymore, even picks up kids late or not at all, and is downright rude. He is on one of the birth cert of older child but not the younger child. I’m still married, so what do i do now to collect child support, get visitation order in writing, meanwhile my husband has been taking care of boys since feb 2010 like his own, on his insur, pays school tuition, ect…..Will it be hard to collect childsupport since he is getting paid under the table? Can his previous pay checks and last yrs taxes help for proof? will my status of being married be a problem in regards to paternity? I’m also scared, he has made threats, i have kept all texts for the whole past year, over 2000 msg between us for proof of everything, i hope that counts. PLEASE HELP. Thank you.

    1. All of the texts, etc., are pretty much worthless. This is how you handle the child support issue:

      First, what type of state are you in, a “percentage of net income” child support state, or a “needs of the children” child support state? I will provide an example with the first category (its easier).
      In some states (like Illinois,not sure where you live) 2-kids entitles you to 28% of your ex’s net income (after taxes). This is the statutory minimum, and he has to pay it once ordered. You will file a “Complaint for Parentage” to establish that he is the father of these two children first. You will then file a “Petition for Temporary and Permanent Support”, which is where you will ask for him to provide his paychecks and begin paying you the support you deserve. Good luck!

  31. I`m divorced for 10 years My ex husband pay me 217 $ monthly . My expenses for my daughter monthly is without food and closes 1289 $. I paid all medical insurances (health, eyes ,dental) + private school + Ukrainian school + Dancing studies. I`m working on 3 jobs
    7 day on week . He has house for 500000 $ good car but he put all his money for name of her wife. When on web I see his pictures I understand that he working in his friends Track Company he has bigger amount his pay check under table . OK My question Medical expenses (I have braises bill that I was paid full amount for 5000$)How I can take from him 50 % of this bill? Maybe some body can recommended child support lawyer or this question can resolve case worker for my daughter case?
    Please Please Please I need good advice . THankYou. I`m living in Ohio Parma HTs

    1. Speak with an attorney for a free evaluation so that you can get some more details. It sounds like he needs to be brought in and forced to pay for insurance for the children and to pay for half of the medical and educational expenses of the children. That is the normal process you must take, get started immediately.

  32. I have a problem with my children father he’ll do anything to get out of paying child support to the point of getting me and his kids put out or house. he doing this so he can get custody of the kids so he won’t have to pay support. He is not in our kids life I would like to know what should I do?

    1. It sounds like you need to speak with an attorney asap. Do not let him take advantage of you! File a petition to hold him in indirect civil contempt for him willful failure to pay child support. Striking first and having a good offense is your best bet to victory.

  33. How do you do this? How do you know his income when he is in a different state? What does one file to get a copy of his taxes. This is all i need as proof? I do not want to spend my children’s college money if I will not be guaranteed any increase in the current child support. He has a cut throat lawyer.

    1. There is no guarantee, if he isn’t making more money, there will probably not be an increase in child support unless there is a “substantial change in circumstances” that necessitates your increase in support even though he is not making more money. Child support, in many instances, is just a mathematical equation, so it is tough to fight it when presented with his numbers. Any decent child support attorney will request the court to force him, via the power of subpoena, to turn over his employment records or be held in contempt of court. Hire somebody that knows what they are doing.

      1. My wife and I have been married for just over 2 years and I help raise her son who is 14 years old. My wife divorced her ex in 2004 and receives no child support. I have been with my wife for the past 8 years and witness the struggle she has to have her ex provide any $ for their son. My wife has primary custody, provides and pays all health insurance, school/athletic, clothing and food costs with my help. I do this without question but what does bother me is how the ex is highly reluctant to pay for anything. I asked my wife why she did not push for child support and she said that she was too scared. I know she is scared because he used to come into the house when she was at work and go through her cloths and mail and tried to get a restraining order. Her attorney at the time was not working hard to get the restraining order (same one that aided in the divorce) and I encouraged her to change attorneys. Once she was able to change attorneys, she immediately obtained a restraining order. She continued to avoid the child support issue because she was/is afraid of how he will respond. This is upsetting because I am doing everything that I can to raise this child properly but it makes me sick to my stomach when the ex says to my wife “I will try to give some money on my next paycheck” or some other lame excuse yet, he shows up in a new truck every year and NEVER provides his OWN child with with clothes, support, etc….

        Is there anything that my wife can do to change this?? The ex husband laughs when my wife tells him to do his part and their son is being effected by his father’s display of disrespect.

        Thank you for any and all help.

        1. It’s actually quite simple: hire a child support attorney who will file a Petition for Temporary and Permanent Child Support. It usually takes just a couple court dates to force him to provide tax returns and paycheck stubs showing what he is making, and then, depending what type of state you are in, your wife will demonstrate the needs of the child as far as money is concerned, or a straight percentage of his net income. If he has a job with a regular employer, his wages will be garnished and she will get a check every time he is paid directly from the employer. She shouldn’t worry about this man’s recourse. All she will have to do is call the police again and have another order of protection taken out against him. Don’t wait any longer though, get the help you deserve.

  34. My granddaughter has 2 children 4 and 3 and the dad has not paid any child support in over 2 years, he has a trial pending in felony court for robbery/assault and yet he still has visitation rights and when the children return from visiting him they curse, make crude gestures and repeat things that he has said to them that are awful. My granddaughter has no money for legal fees, she did her own divorce pro-se and has total say over the kids without having to ask him but we are so very concerned about their minds being ruined by him.
    What can be done?

    1. You need to hire an attorney and petition the court to force him to have only supervised visitation.Do it soon, the children’s well-being depends on you acting swiftly!

  35. I am having problems with my child support case. My ex owns his own business and claims he is making hardly any money, but he has 2-brand new $40,000 trucks, goes on vacation all the time, and has a house worth around $500,000.00–but he claims he only makes $25,000.00 per year. He barely pays $100 a month for child support for our 2-kids. Obviously he is lying. What do i do to get the child support my kids need?

    1. This type of situation happens all too often with people that are self-employed as your ex is. You will need an expert child support attorney here. You will need to file a petition for modification of child support and ask for extensive discovery. You will then need to “impute” his income based on what all his bills are. I mean, if he claims he only makes $2000/month net, but he has $7000/month in bills that he pays (mortgage, car loans), you can claim he makes more than $7000/month for child support purposes and adjust your child support amount based on this new income total. Good luck!

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