Defending Against Child Support Cases: What You Should Know

Child Support in CaliforniaVery few men are ready to admit their true fears. What’s true, however, is there are only two words that can make almost any man weak in the knees: child support. The ‘weak in the knees’ statement rings true for many, at least in financial terms, as monthly child support payments can range from $300-$400 a month. The amount owed yearly can get even bigger, reaching over $6,000 at most, according to data from the U.S. Census Bureau.

Not all child support cases are levied with justice, still. Some custodial or non-custodial parents can still choose to refuse paying child support, provided that their case is duly vindicated. A number of factors constitute legal defense for such cases, which must be kept in mind at all times by involved parties.

The DNA Test Dilemma

DNA testing is almost always the go-to course of action when trying to legally avoid child support. Unfortunately, most family courts don’t stop with DNA test results, and a lot of parents end up paying for kids that aren’t theirs. SeidelLaw.com says it’s always a good idea to ask for a DNA test and potentially sue for restitution.

Identifying Advantageous Situations

Various circumstances can present the possibility of child support payment termination. For instance, payments can be ordered to stop if the child is no longer a minor. In California, payments can be terminated as soon as a child turns 18 years old. The limit can go up to 19 years old if the child is living with a parent and is still in high school full time. In this regard, payments are terminated when the child finishes high school or turns 19 — whichever comes first. Payments can also stop if the child marries, enlists for military service or dies.

Custodial Battles

In most child custody and support cases, men often face an unfair, uphill climb. The general rulings state that the parent who wins the custodial contest receives the support money. This is where the age-old “motherhood bias” comes to play. It’s not surprising to see court rulings on custody go in favor of the mother, assuming that the woman is the better choice when it comes to raising kids. Asking the other parent for financial help is another different hurdle alongside this long-standing bias.

A Few Critical Points to Consider

Child support payments cannot be levied without an official court order. If payments are being made informally without such an order, it’s much easier to stop child support. Wage garnishment also plays a factor — this is a situation wherein a parent’s employer automatically deducts child support payments from the paycheck and issues the money to a distribution agency.