How to Stop Back Child Support

By Derrell Legrear

It is rare for courts to eliminate the obligation to pay back child support. In some circumstances, with enough supporting evidence, you may be able to have your payments removed, reduced or delayed. The family court may make exceptions in extreme cases. If you question whether you are the biological father, experience a severe financial hardship or make an agreement with the other parent, you may be able to stop paying back child support.

Take a paternity test. If you are able to prove that you are not the biological father of the child, you can request to have your child support case closed. If you were legally married when the child was born, you may still be responsible for paying child support. The child support laws vary by state. If the paternity test proves you are the biological father, you must pay child support.

Prove your inability to pay. If you are able to prove that you lost your job, suffer from a long-term medical condition or other financial hardship, provide written documentation for the judge to review. You may have the back child support reduced or modified. You can also request a payment plan to make paying back child support easier. In some cases, the judge will grant an extension on the back support. You will need to provide proof of your finances. Bring bills, credit card statements and bank statements. File a motion to change the child support order at your local courthouse.

Try to make an agreement with the other parent. Before heading to court for the child support hearing, try to negotiate with the parent pursuing custody. In most child support hearings, the judge will ask the parent if they want to collect back child support. Be aware, that if you are married, they can still file for back child support in the divorce papers. You may want to speak to a lawyer.

About the Author

Located in Florida, Derrell Legrear has been writing since 2003, focusing his work on topics about health, travel and investing. His articles have appeared in the "Orlando Sentinel" and "Florida Today." He graduated with honors and holds a Bachelor of Arts in English literature from the University of Central Florida. He is pursuing a Master of Arts in English.