Can a person sue a state for illegal child support?
1 Answer from Attorneys
I am not sure what you mean by "illegal child support?" Some of the complaints I commonly receive from individuals paying child support through the state are:
1. They did not use my income. They estimated what they thought I should be making.
2. I am not working so I should not have to pay child support.
3. I am on social security and the children get a check, I think that should be all I have to pay.
4. The child is not mine.
There are more but they are the most common I hear from people who think their child support was set too high. Most of the time they agreed to the amount so we are stuck with it unless there is a chance in circumstances which justifies lowering the amount of child support.
Complaint #4 always brings up interesting issues. There are circumstances where, unfortunately, someone who is not the biological father, is stuck paying child support because of actions he took or laws that are in place.
I am not sure why you think the child support you are ordered to pay is "illegal." More information would be helpful to see if an attorney can help you but in the vast majority of the cases, there is no lawsuit that is valid for "illegal child support."