Can we have the child support reduced, if the parent is not financially stable?

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?

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Answered By: Ruiz Law Group, P.C.

Call now: (718) 505-3400

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.

Answer Applies to: New York - Replied: 11/2/2011

Answered By: Reza Athari & Associates, PLLC

Call now: (702) 727-7777

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.

Answer Applies to: Nevada - Replied: 11/1/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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