I have been paying child support for a child father by my wife of whom i have been separated for a number of years. I have recently found this paternity issue out. I used a home paternity kit to take the test. Once i discussed the issue with my wife she had little to say. She called down to child support to try to remove the child from my case but the case worker told her she couldn’t just remove one child being that i am the father of a daughter by her. I just need to know what i need to do get this child removed from my case and adjust my rears. The case worker has no problem contacting me for anything but when i try to speak to her she speaks to me like i’m a deadbeat or something. I have been on child support for 2 or more years now and i also don’t make the same amount of money i used at the time the case started but when i went to court to file a motion to get it reduced they told me i would have to go through the caseworker which she is not in it to help me at all. Please I NEED HELP!!!
You will likely need to file a Motion for Relief from a Child Support Obligation Due to Disestablishment of Paternity. This is a motion for a father paying child support through a child support order but the order was based on the mistaken belief that he was the father of the child/children. It is very important to note that you only have ONE YEAR from the date you became aware that you were not the father to file such a motion.
For filing a motion to modify (decrease) child support: A modification of child support is allowed when there has been a substantial change in circumstances. That fact that you earn wages different from what you made when the order was first entered does not necessarily mean that there has been a substantial change in circumstances. A substantial change in circumstances is presumed when the order is at least 3 years old and there is at least a 15% difference between the amount of child support currently ordered to be paid and the amount of child support that could be paid under a new order using current earnings and circumstances.