Understanding How To Deal With A Few Types Of Child Support Issues
If you are a mother who has gone through divorce and is supposed to receive child support, then you may wonder if you have recourse if your child's father does not pay what the court says he owes. This is a serious concern, and you can absolutely work with an attorney to seek the support through the court system. The legal path that must be taken will vary depending on the claims of the father. Keep reading to learn about a few different scenarios and how they may be addressed.
The Father Suddenly Denies Paternity
If you were married when your child was born, then it is likely that your former husband's name was placed on the birth certificate. If you were unmarried, then a special document may have been presented to you and your ex-spouse at the hospital where your child was born. The document has a few different names depending on where you live, like the Voluntary Declaration of Paternity in Utah. It may also be called the Voluntary Acknowledgement of Paternity. This document is a voluntary one that the father can choose to sign.
The paternity declaration paperwork can be rescinded, but this needs to be done at the time that a child support order is worked out and established by the court. If a father feels that his paternity is in question after the child support order is issued, then he can petition the court to dispute paternity.
Paternity disputes are complicated, especially if the father already legally acknowledged paternity at the time of birth and during the support hearing. In some cases, the court may refuse the paternity dispute and identify your ex-husband as the legal father, regardless of DNA.
The court also may allow the dispute to go through the court system, and your ex-husband will be asked to supply DNA for a DNA test. Since the father is disputing paternity, he will likely need to pay for the test. It can take up to six months for the results of the test to come back, though. In the meantime, your ex-spouse may need to continue paying support based on the initial order. Your attorney may need to argue the need for continued support, since the father can ask for a stoppage of the support until test results are returned. This sort of issue is sometimes up to the discretion of the court, so it is best to have a good argument in place.
The Father Says Support Is Too High
Sometimes fathers will think that child support payments are too high and will stop paying support altogether. This is not the legal way to adjust payments. Your ex-spouse will need to petition the court for a child support modification. It is either an administrative or legal process depending on the state you live in. While the modification is being considered, child support payments legally still need to be made.
If your ex-spouse stops making payments, then you can petition the court to make him pay. The father will have the option of working with the district attorney's office to set up a payment plan to ensure that back payments and current ones are paid in full.
If the payment plan is not made or if the arrangement is ignored, then action can be taken to ensure that you get the court-ordered payments. Wages can be garnished, property can be seized, and licenses can be revoked. Also, a passport will be denied if an application is sent in.
The court can and will decide how you will get your money, and the father may be held in contempt of court. This can mean additional fines added to the child support and the possibility of jail time.
If you want to know more about child support and how issues can be resolved, speak with a child support lawyer at a law firm like Crome Law Firm.