How to Defend Yourself in Child Support Cases in Court
To defend yourself in a child support case in court, you should pay currently ordered support, learn the laws in your state, gather income and payment records, request a copy of your support case statements, learn court laws and procedure, prepare for court and attend your hearing.
Other People Are Reading
Things You'll Need
- Internet access
- Pay stubs
- Tax returns
- Payment records
- Business clothing for court hearing
Instructions
-
-
1
Pay any currently ordered child support amounts until your hearing. This shows the judge you are willing to abide by court orders. Failure to pay child support can lead to license suspension, passport denial, liens, garnishments, levies and even jail time. If you can't pay the full amount, pay as much as you can and be prepared to explain your situation to the judge.
-
2
Learn the child support laws in your state. Although states agree to handle support cases in similar ways, each state has specific laws and guidelines that may be very different. See the Resources section to find your state legislature's website, where you can read current laws and pending changes.
-
-
3
Gather all income information such as pay stubs and tax returns for the last year.
-
4
Complete and submit income and expense forms when requested by the other party, the court or attorneys. Provide copies of pay stubs and tax returns with your forms.
-
5
Gather all child support payment records such as bank statements, copies of checks or money orders and receipts.
-
6
Request a copy of your child support case statements from the support enforcement division handling your case. Many states have online case management systems, giving you instant access to your statements. See the Resources section to find the child support enforcement agency in your state.
-
7
Carefully review your case statements; compare monthly amounts due, arrearages (or outstanding amounts), interest and fees. If you find any mistakes, highlight them; create a separate report detailing the errors and why they are incorrect. Submit a copy of this report to the court, the other parent and attorneys.
-
8
Learn court rules and procedures in your area. Each court operates under specific rules and procedures in child support cases; being familiar with them will greatly increase your chance for success. See the Resources section to find the rules and procedures for your court.
-
9
Submit written responses to the court. If you receive any motions from the other party or the support enforcement agency, review them immediately. Be sure to submit a written response to the motions, detailing what you disagree with and why, before the deadline. Provide copies of your written response to the court, the other party, the support enforcement agency and attorneys.
-
10
Prepare for court. Before your hearing, review all payment records, statements and legal documents. Write a short summary of your case along with key points to discuss during your presentation to the judge. Practice saying your presentation in front of a friend or a mirror, until you are comfortable with it. Organize all paperwork and materials you will use in court, to ensure you will be able to get to them quickly. Most child support hearings are very short, usually 15 to 30 minutes. Being organized will allow you to present your case within the allotted time.
-
11
Go to your court hearing; dress appropriately. Bring all legal documents and supporting paperwork, along with paper and pen for taking notes. Speak clearly using your prepared statements and refer to the judge as "Your Honor."
-
1
Tips & Warnings
Double-check all amounts, records, statements and documents to avoid errors.
Keep a copy of all paperwork for your records.
Do not falsify court documents, hide income, quit jobs or refuse to pay support. This could lead to case dismissal, monetary penalties or fines and even jail time.
References
Resources
More Like This
Comments
-
looks like its about that time.
