Can I dismiss A State DOR Child Support Case?
As an attorney who specializes in child support cases, I understand the stress that you may be going through when the state comes after you for child support. In this blog, I will discuss a strategy that you can use to try and get the state to drop its child support establishment case against you. Please note that this is not legal advice, but rather a suggestion based on my experience. It may not work every time, but it has been successful for many of my clients. So, let’s get started!
Why Is The State Coming After Me For Child Support?
When the state comes after you for child support, it is usually because the other parent has filed for government assistance, such as food stamps or Medicaid, and stated that they are not receiving child support from you. This triggers the state to aggressively establish child support and make you pay through their system, which includes administrative fees and sometimes deductions from your payments.
How to Get the State to Drop the Case
When you are served with a child support case, the first step is to file an answer. After that, you can use a discovery demand, which is a formal request for financial documents from the other parent. Some of the documents you can request include:
- Last six months of checking account statements
- Last six months of savings account statements
- Last six months of pay stubs
- Last two years of tax returns
- Proof of daycare costs
- Copy of residential lease
By requesting these documents, you are putting pressure on the other parent to cooperate with the state. In many cases, the other parent may fail to provide the documents within the required time frame, which gives you an opportunity to take further action.
If the other parent does not submit the documents on time, you can file a motion to compel in court. This motion asks the court to enforce the discovery deadline and can lead to the state voluntarily dismissing the child support case.
After you get your order compelling their late discovery, if the other parent still does not provide the requested documents you can file a motion for contempt. This motion highlights the other parent’s violation of a court order and the motion should ask the court to dismiss their action. Many judges and hearing officers take violations of court orders seriously and may grant your motion, effectively ending the child support case.
Benefits of Using This Strategy
By using this strategy, you can buy yourself more time and potentially reduce or eliminate the amount of child support you have to pay. If the other parent is asking for back child support, you can start the clock over by delaying the case. This strategy also gives you an opportunity to file a paternity action and establish court-ordered custody to protect your parental rights.
Conclusion
Dealing with a child support case can be overwhelming, but there are strategies you can use to protect yourself. Remember to consult with an attorney for personalized advice based on your specific situation. If you found this information helpful, please consider subscribing to our YouTube channel for more content like this. Our channel provides detailed videos on child support, establishing parental rights, and child custody. We are dedicated to helping individuals navigate the complexities of family law.
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