Trying to fight child support payment is a difficult, yet not entirely impossible process. In order to get this movement started, one must have a viable reason for which to contest the original court order. This can be hard to find, seeing as there are very few reasons that the court will accept as appropriate for overturning the original decision. However, there are a few simple steps one can take in order to get the ball rolling and find the strongest argument possible for the case.

A Good Reason

First, it is important to figure out what reason or reasons will be brought up as grounds for fighting the payments. Courts are extremely picky as to what they will and will not allow as an argument. Thus, it is imperative to choose the absolute best defense possible so that the judge is not able to dismiss the claim.

The best reason to fight child support payments is that there is no biological link between the man who has been acting as the father and the child. This can easily be proven through a paternity test; however, even with this evidence, it is not one hundred percent certain that the court will agree to stop demanding the payments. If a man has been in a child’s life for quite some time and has been serving as the father figure, in the court’s eyes he may still be considered the father, whether there is a genetic link or not. This means he will have no choice but to pay child support.

Another reason courts will possibly overturn payment is that the child is now an adult. Once the child reaches 18 years of age, in most states, it is no longer required that the father pay child support. Also, if the father has recently lost his job or suffered a large decrease in income, this may too be grounds for abolishing the payments. However, in this instance, most courts will only reduce payment rather than get rid of it completely, depending on the circumstances.

Evidence

After establishing a viable argument, it is imperative to have solid evidence to back every statement. If there is documentation of any kind proving what is being said, having those documents readily available in court will make the whole process much easier and more favorable. Evidence is the main thing that will really sway a court one way or another. So, any papers, text messages, emails, DNA tests and the like are extremely helpful for winning the case.

Find an Attorney

Looking for an attorney can be stressful and overwhelming due to the immense number of them available. Be sure to look for an attorney who specializes in the certain area for which help is being sought. In this case, one who knows all the laws and regulations surrounding child support would be of the most assistance. Make sure to consider everything involved in going to court before pursuing any further action. The next step would be to speak with the attorney and file a petition for modification of the original child support agreement. Once this has been done, the process will begin to take effect.

Be Patient

Once the claim has been filed, there is not much to do but prepare for court and be patient. Let the attorney do all of the legal work and just make sure everything is ready to testify in court. If the outcome is not desirable, there is always the option to appeal the decision and continue the process before the appellate court. However, it is usually in the best interests of everyone to just abide by the final decision of the court, and hope that it is a fair one.

By Kenny Leigh