If the custodial parent of a child is falsely claiming that you owe back child support, take action before the situation escalates. If a court believes that the claim is true, it can garnish wages, place a lien on income tax refunds, or even revoke a driver license. To develop the strongest case, hire an experienced lawyer for child support issues.
The best reason for fighting child support payments is not having a biological link to the child. This can be proven through DNA testing but even if a test reveals that the male is not the biological father, the court may not overturn its original decision. If a male has been serving as a father figure to a child for a while, the court may still consider him the father and may require him to pay child support.
Another argument against paying back child support is that the child has reached adulthood. Most states do not require a father to pay child support once a child has reached age 18. This can be proven by supplying the court with the birth certificate of the child. Though the court will not look positively upon the fact that the father did not fulfill child support obligations in the past, it is not likely to require back payments.
A father who made child support payments prior to suffering a large decrease in income or loss of a job may now owe back child support. A case should be presented to the court and supported by relevant financial documentation such as pay stubs and income tax returns. The court may decide to temporarily or permanently lower child support payments or, in extreme situations, do away with them.
Any reason for protesting child support payments should be supported by documentation or other evidence. A court looks to this information as proof that the case is legitimate. DNA test results, financial statements, emails, text messages, and other documents can be extremely helpful to a lawyer for child support presenting the case.
There are many attorneys available in each state and finding the right one can be overwhelming. Streamline the process by looking for a lawyer who specializes in child support rights. Have this attorney file a petition to have a child support agreement modified or discarded. Let the attorney handle the legal work and when it comes time to testify in court, be honest and professional.