HomeChild SupportChild Support Help?
Posted in Child Support on 22nd April 2012

Child Support Help?
My fiance is paying court ordered child support and his wages are being garnished due to this.
1) This child is not his.
2) This child is now 20 y.o and LEGALLY emancipated from her mother.
3) The amount of “back child support” has risen drastically over the years.
The orginal ruling was in NY and he now lives in GA. Are there any lawyers or someone that has dealt with this situation out there that knows how to get through this?
He personally has written over 200 letters to this support agency and has only had one telephone hearing.

Thanks in advance.

Best answer(s):

Answer by Misty
If he believes the child isn’t his then he needs to have a DNA test. If the mother/child will not agree to one he needs to file a Motion with the Court asking them to order a DNA test. If it turns out he isn’t the father, he won’t be responsible for any arrears.

If it turns out he is the father, your best bet might be to try to settle with the child support enforcement division for a lump sum amount. Child support arrears are usually negotiable and it would definitely be cheaper in the long run for him to pay it off in a lump sum rather than having his wages garnished.

Answer by Matt P
Child Support Enforcement CANNOT create, change, or modify a court order in any way. Their only mission is to enforce court orders. To have the order dropped or modified your must petition the court in which the case originated. You file for a motion to modify the order. Considering the distance involved, I would make sure all my “ducks” are in a row, before going to court. If he has DNA results, make sure he brings them with him. If you can give more specifics or details feel free to email. Good Luck.

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