Can a father go back to court to dispute the amount of child support ordered?

Question

my best friend just came from court today and was ordered to pay 400 a month for his son. he only makes 1200 a month and can barely pay his own bills. the mother of his son lives off the state is on drugs and leaves the child with her parent most of the time. I want to know how I can help him. he is getting screwed with the way that family court favors the mother. so if you have ANY advice or resourceses pleaseeeeeeeeee let me know asap

He was never with the mother. He didnt know bout the child until he was one year old. He sarted seeing him immediately when she would le thim. He even started buying things and giving her money. But when he told her he dont wanna be with her, she stopped letting him see his son. she wont answer his calls or anything. HE WANTS TO SEE HIS SON, HE IS NOT A DEADBEAT HE IS JUS BEIN PUNISHED FOR ALL THE DEADBEATS. HE IS THE ONE WHO TOOK IT TO COURT IN THE FIRST PLACE, BUT HE IS BEIN PROTRAYED AS IF HE IS TRYIN TO GET OUT OF HIS RESPONSIBILITES. A LOT OF FATHERS R GETTIN SCREWED THESE DAYS!!!

Answer 1

Most states award child support based on a formula which awards a percentage of income and takes into account the ability to pay and the hardship. However, child support is awarded in the best interest of the child. You can appeal the judgment if you feel it is unfair, but the odds of success are low.

Answer 2

Well, if he JUST came back from court, it might be difficult for him to go back and change the amount they are asking for. It is not a matter of the court favoring the mother at all, but rather a matter of them favoring the child. BUT... if the woman is on drugs and not taking care of the child, then perhaps he SHOULD be going back to court to get custody of the child back! To do so, however, is going to require an attorney... or at the very least, hours and hours hitting the law books himself.

To those who find it hard to believe the court would do this: my brother-in-law once had HALF his check taken, and went into debt severely trying to keep up. Granted, it was for three children, and not one. Like I said, the court favors the children. A lot of guys should take child custody a little more seriously when they get divorced.

Answer 3

This is all state law driven. In some states the amount of child support ordered is a cold percentage calculated on the amount of money the non-custodial parent makes -- there is no room for fairness, logic, or allowing that parent to actually have a life.

In other states the calculation can be modified if the non-custodial parent can prove that he/she needs money to live on, has special circumstances, etc. The only way to know for sure if he has a chance to get the child support altered is to get an attorney. Do a search on "Fathers Rights Attorneys" to find an attorney in your area who deals with this type of case. Good luck.

Answer 4

He can appeal the decision, but it is very unlikely that the amout will change. His best option would be to sue for custody.

Unfortunately, most states use a calculation that figures out what percentage of each parents income should go for the support of the child. Men usually end up getting screwed with this method, but unless the mother agrees to a lower amount, he most likely will have to pay what was ordered. Legally, they can take up to 55% of his net income, so he may not want to rock the boat on this one.

Good luck

Answer 5

He needs a lawyer. If his son's mother is not taking care of the child, he should sue for primary custody and take care of the child himself in order to ensure that the child is being taken care of. The best interests of the child are the most important thing here, and the only way to make sure the child is protected is to get a lawyer and go back to court.

Answer 6

Child support is also based on what the mother makes, so if the mother doesn't work, then it's all up to the father, which makes it a little easier to get custody of the children, but it is still very tough unless you can prove the kids are in some kind of danger, or prove the mother is unfit.

Answer 7

It all depends where you are from. I find it hard to believe that he has to pay 1/3 of his oncome, and I am assuming that the 1200 is his gross. In IL for a first child the amount is 20% of net. After an order is in place a father can go back to court by filing a motion to change support order. He has to show a "drastic" change in circumstance. This can be loss of job, change of job to lower income etc..

Answer 8

Why doesn't he have custody since this mother appears to be unfit? He should try to take the child and raise the child himself saving all his money and not having to pay child support to a worthless mother. The child is the loser in this situation. The amount he was ordered to pay is awfully high. My ex paid $350 a month and he made $2000 a month.

Answer 9

Tell him to get a lawyer. If he can prove she is unfit & using drugs they will drug test her and he will get full custody. There are a ton of support programs and help for fathers that are in need. Ask the court clerk or go on line. Turn her into social services. No child deserves a mother like that!

Answer 10

he would need some sort of evidence that the child support is not being used properly or something like that. if it is not being used in any way to support or benefit the child then the judge would more than likely change the amount. a friend of mine had a similar problem and he proved her an unfit mother and got full custody.