How to Contest Back Child Support
Child support is intended to help the custodial parent provide for the child. However, child support can become misused. A 2007 child support case in Florida shows just how wrong a child support order can be. A man was ordered to pay $10,000 in back support for a child that was found to not be his biological child. These cases, however, can be avoided once the noncustodial parent contests the child support order.
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Instructions
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Write a direct appeal of the child support order. This is just a letter that states why you feel that the back child support order is unfounded. The Illinois State Division of Child Support Enforcement suggests placing the case docket number, support case number, your social security number and the name of the custodial parent in your letter as well. This will make your case easier to identify.
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Request a copy of any support paid through the state revenue office. Check this against any receipts or cancelled checks that you may have. Include the record and cancelled checks for any missing entries in with your letter.
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Include any DNA testing results or a birth certificate for the child (especially if there are two parents' names other than your own on the record). Place the evidence gathered and the letter in an envelope addressed to the state child support enforcement agency or the courts that gave the order.
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Follow the appeals process given when you receive the official order. These instructions tell you exactly how to contest a back support order. Pay special attention to the deadlines given. The person mentioned in the introduction was forced to pay the back support because he failed to appeal before the deadline.
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Contact an attorney. The process can be navigated without representation, but to ensure that your rights are protected. Family law attorneys also know the deadlines and loopholes needed to win a back child support contest.
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Show up to the hearing on time and prepared. The appeals/contest process is sensitive to small mistakes like tardiness and missing paperwork. Such errors can result in a contest denial or even an immediate dismissal.
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