Child support is a tool used to make sure children are supported when parents separate. However, it is common for child support payments to cause conflict between divorced parents, especially when the non-custodial parent believes they are being treated unfairly.
Men’s rights attorneys frequently see fathers struggling to obtain equitable treatment concerning child support, and step in to help men protect their rights. The first step in securing your right to fair child support is addressing any unfair treatment directly.
Here is how inequality most commonly appears in child support cases and what an attorney experienced in mens’ rights can do to help.
When the Court-Mandated Payments Are Too High
One of the main complaints men share about child support is that the amount of the payments can be unfair. The court often seeks to maintain the child’s former standard of living, even after the situation has changed.
Fathers paying child support may therefore be ordered to pay a significant portion of their earnings, even when doing so diminishes their own quality of life.
If your child support payments are placing an undue burden on your ability to support yourself, seek the help of an attorney to contest the payments.
Parents can petition to modify the payment amount or arrangement, reducing their financial burden; however, they tend to experience a greater chance of success with the help of an attorney.
When the Parent Can’t Modify Payments
In some cases, parents may attempt to petition for payment modification only to find that the process is confusing or their petition is denied—even when they believe they have a strong case.
Legal guidance is invaluable here, as men’s rights attorneys understand the adjustment process and can advise parents on what documentation is needed, what timelines to abide by, and the strongest pieces of evidence to use to contest payment amounts.
When Non-Financial Contributions Are Ignored
Many child support arrangements do not consider the expanse of contributions that fathers make to their children outside of payments. Gifts, quality time, school supplies, health insurance, and other expenses that go toward being an involved, engaged parent are often not fairly incorporated into the financial scenario.
This can, in turn, incentivize parents to restrict fruitful engagement, such as gift-giving, because it worsens their financial situation due to the rigidity of the child support structure.
An attorney can help you negotiate child support, demonstrating the full scope of your participation, to have your payments accurately reflect your actual contributions to your child’s life.
When Paternity Is Incorrect
Whether by accident or malicious intent, some parents can find themselves responsible for child support payments when they are not the child’s father. If your spouse is seeking child support unfairly and refusing to cooperate with paternity testing to remove your obligation, you have options.
Men have the right to prove (or disprove) their paternity without the participation of the other parent. Additionally, they have the right to seek remedy for the child support they have already paid—either to terminate future payments or attempt to seek payment reversal.
When the Custodial Parent Is Not Using the Money Appropriately
One common issue that many men experience is that they pay the amount required, but the recipient parent does not use the money for the child. Child support funds are to provide for the minor’s needs, including schooling and supplies, medical care, social activities, and nutrition.
If a parent is using the child support money on themselves or failing to improve the life of the child, the payor parent has the right to file a motion with the court to demand an accounting of how the payee parent is spending the money.
The court may order a change to the child support agreement based on the findings of this investigation or may alter the custody arrangement if the parent’s irresponsible spending has resulted in neglect or abuse to the child.
Seek Fair Treatment With the Help of Men’s Rights Attorneys
Child support payments are a significant part of a parent’s financial planning with divorce. Fathers often experience many forms of inequality and unfairness, particularly related to child support. The attorneys at Milstein Siegel are experienced in mens’ rights and can help ensure equitable treatment in child support payments, both when they are established and if a conflict arises.
Contact Milstein Siegel to schedule a consultation to discuss the unfair treatment you are experiencing in your child support case. We will help you understand your best next steps.