After separating or divorcing, the court legally obligates many parents to pay child support. It, however, becomes a big problem when significant back child support claims come into the picture. From challenging paternity to loss of income, several different intricate issues may necessitate parents to fight against excessive or incorrect child support orders.
To successfully navigate these legal grounds, you must know all your rights. Most parents who have sought guidance from family lawyers with proper legal strategy have found solutions for unreasonable back child support cases. The trick is being proactive, organized, and ready to take legal steps for justice.
What is Back Child Support?
Back child support refers to the accumulation of unpaid child support previously ordered by a court to be paid or accrued due to a lapse in payments over time. There are a few common scenarios that can result in back child support obligations:
- The paying parent must make the back monthly child support payments outlined in the court order. Any missed or short payments add to the back child support balance.
- The court ordered retroactive child support to be paid for periods before the initial child support order went into effect. For example, if a parent seeks child support for the five years since the divorce, the court may award back support for those five years.
- An informal child support agreement made outside of court falls apart, and the receiving parent later seeks legal action to obtain child support and back payments owed. Without a formal order, the paying parent may dispute the amount owed.
As back child support continues to accumulate without being addressed, it becomes an increasingly unmanageable financial burden for the paying parent. However, there are legal strategies that parents can employ to fight back against excessive or inaccurate back child support claims.
Challenging Claims of Owed Back Child Support
When faced with burdensome claims for back child support, parents can dispute or reduce the amounts owed. Common strategies include:
- Contesting paternity.
- Demonstrating inability to pay.
- Providing proof of prior informal payments.
- Petitioning to terminate existing orders.
Disputing Paternity
Some fathers first learn they have a child when they receive a notice demanding substantial back child support. In some of these cases, paternity has not been formally established previously. Once genetic testing confirms paternity, the state will officially establish child support obligations, including back support to the date of the child's birth.
As soon as possible after receiving the notice, the father should retain an experienced family law attorney to represent him in disputing paternity in court. Though success is not guaranteed, a skilled attorney might arrive at and negotiate an equitable settlement or repayment plan based on the specific circumstances.
In some cases, if DNA evidence is lacking, the attorney may even be able to overturn the paternity determination altogether and eliminate the back child support obligation. Solid legal guidance early on gives a father the best possibility of arriving at a favorable outcome.
Demonstrating Inability to Pay
In other cases, a parent may not dispute paternity but finds themselves genuinely unable to pay the back child support now owed due to financial hardship. Events like job loss, bankruptcy, unexpected medical bills, or disabilities could severely limit a parent's ability to meet their total child support obligations.
In this situation, the recommended legal recourse is for the parent to retain an attorney to petition the court to modify the current monthly child support order and reduce the back child support owed based on a demonstrated substantial change in financial circumstances.
While the court may not permanently reduce monthly support payments, they may agree to temporarily lower the amount owed each month until the parent can recover financially and resume the total ordered payments. Courts can also reduce back support arrears or create a reasonable payment plan.
Documenting the financial hardship and reasonable faith efforts to find new employment will be necessary to convince the court that the inability to pay is beyond the parent's control. This strategy can show the court the circumstances warrant some temporary relief.
Documenting Informal Child Support Agreements
Sometimes, unmarried parents mutually work out informal agreements for child support, either verbally or in writing, without going through the courts. However, the receiving parent may later change course and file for formal child support through the courts, seeking back payments owed.
In these cases, the paying parent must provide documentation validating that they have contributed reasonably to child support through informal means, such as receipts, canceled checks, bank statements, written agreements, and other evidence of regular payments over the years.
With proper documentation, an experienced family law attorney can make a solid case to the court against excessive back child support claims by demonstrating the paying parent was already providing reasonable support through informal channels. Any verified prior informal payments should be credited to offset the claimed arrears.
Terminating Existing Child Support Orders
In some situations, if the financial circumstances of the receiving parent improve substantially, such as that parent obtaining much higher earnings, the paying parent may wish to pursue legal action to terminate an existing formal child support order and any arrears.
The paying parent would first need to gather solid documentation of the receiving parent's increased income, such as recent tax returns, pay stubs, employer verification, and bank statements. A family law attorney can then file a petition with the court requesting the child support order be terminated based on the dramatic change in circumstances. However, courts set a high bar for terminating orders, so compelling legal arguments and evidence would be required.
Consulting Experienced Legal Counsel
When faced with a claim for substantial back child support, the advice is to consult with and retain an attorney experienced in family law and child support matters. Every situation is unique, so an attorney can best advice on the most robust legal strategies to pursue based on the specific circumstances and applicable state laws.
Certain attorneys might offer payment plans or options to accommodate clients facing financial hardship themselves. With proper legal guidance, parents can thoughtfully advocate for their rights and responsibilities regarding child support obligations.
Conclusion
Though dealing with back child support issues may seem complicated and tiresome, knowing your legal rights and what you can do can provide possible solutions. When necessary, ways of approaching this matter include questions around paternity, inability to pay, unofficial agreements, and seeking termination.
A good way for parents to handle these complex legal issues is by getting advice from a seasoned attorney specializing in family law. Making this move is never easy, but proactive behavior and readiness for the proper legal steps lead to fair solutions concerning support obligations.
Disclaimer:
The content provided on this blog is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations are complex, frequently subject to change, and may vary depending on jurisdiction. As such, readers should not act upon or rely on any information presented on this blog without first consulting with a qualified and licensed attorney who can address and tailor guidance to your unique legal circumstances.
