QUESTION
Can we have the child support reduced, if the parent is not financially stable?
Asked on Oct 17th, 2011 on Family Law - New Jersey
More details to this question:
A girl claimed my son to be the father of her child. He was sent papers to appear in court for child support etc., but never went to any of the hearings because he did not believe the child to be his. The courts then said he was the father and that he has to pay child support. He has not finished high school and has been in jail (after not going to his court dates) and has never made great money. How can we get child support reduced and how to find out if the child is even his?
8 ANSWERS
Bankruptcy & Debt Attorney serving Jackson Heights, NY
at
Ruiz Law Group PC
Update Your Profile
You will need to fight the paternity of the child. However, depending on how much time has past since the original order of support it may be difficult. You need to retain an attorney.
Answered on Nov 02nd, 2011 at 4:34 PM
It was very wrong not to go to court when summoned. You can ask the court to reopen the case and ask for a DNA test. It is about 10 times harder than it would have been had he responded in the first place. Then you can ask the court to base the child support on his actual income rather than whatever the mother told the court he made. Please learn a lesson here: go to court when summoned; it will NOT get better if you ignore it.
Answered on Nov 02nd, 2011 at 3:36 PM
To establish paternity, you need to apply to the Family Court with a motion to establish paternity. The judge will frequently order that DNA be taken to establish if your son is the father. If he shown to be the father, but cannot make the current child support payments that are required from him, then he should make a motion to modify the child support order, based upon a change of circumstance related to his economic situation.
Answered on Nov 01st, 2011 at 8:58 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
He should have appeared to the court hearings to prove the child was not his by taking a blood test. Not going was worse, as they assumed he just agreed with it by not coming to contest it or take a blood test. He can make a motion to reopen it and take a blood test. He will have to do it asap. If months or years go by, the courts will not reopen it that far down the road, since he was served. If it is not his, he won't owe child support. If it is, he can ask for support to be held open until he finds a job, but they will just reset it for 60 or 90 days to see how he is doing with that.
Answered on Nov 01st, 2011 at 3:18 PM
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
File a paternity action &/or request a paternity test.
Answered on Nov 01st, 2011 at 11:44 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Because your son apparently did nothing to pursue his rights or properly defend himself, it may be too late to successfully challenge what has happened. But, since you don't say how long ago the court proceeding occurred, it may still be possible to re-open the case and have a paternity test ordered. He needs to consult an attorney as soon as possible to see what options are available.
Answered on Nov 01st, 2011 at 10:30 AM
Theodore W. Robinson
Unfortunately, he really blew it when he just tried to ignore it and didn't go to court when directed to do so. Normally, when paternity is an issue, the putative father can demand (and pay for) a DNA test using the child's blood, the mother's and the putative father’s blood to determine to almost 99% certainty that the child is really his. As a general rule, before anyone can be required to pay child support they must be given Due Process of Law under our Constitution. However, he may have waived that right by refusing to go to Court. I suggest he see an attorney who does this type of work right away to see what can be done for him from this point forward. He may still have some rights to open up the apparent Default that was already taken against him, but it won’t last forever. Nonetheless, the child support will last for the next 18 years if it stays the same and the courts don't go away and he can't even go Bankrupt from child support, so he'd better address the situation now. Good luck.
Answered on Nov 01st, 2011 at 8:27 AM
Gary Moore
He is entitled to a dna test to determine if he is the father.
Answered on Oct 31st, 2011 at 8:30 PM