I need help in steering my 22 year old son in the right direction. He has a 1 year old daughter and is not married to the mother. She filed with DCSS for child support and lied about the amount of income my son makes. The court had told him to just bring in the papers showing his earnings but would not even look at them but took her word for what he makes. She does not work and has no intention of working. Is living with her mother and pays no bills. What should I direct him to do in order to get this modified to the correct payment? There is not a custody agreement and she is controlling when he gets to see his daughter and for how long as well which isn't much. None of this has gone through family law - only DCSS but it is court ordered. Does he need to open a case through family law or is there something he can do through Child Support Services?

Well, first things first, he needs to file a custody/visitation order. The child support at that point should be calculated on income and the percentage of time each parent is responsible for the child.

As for them just taking her word about his income, something doesn't sound right. If the mother is receiving state assistance, then there is a minimum amount of child support due, that I understand the state pays to the CP and then the NCP is expected to repay it, regardless of income.

If that is not the case, then the DCSS will help him file a modification of child support. They won't necessarily represent him, however they will help him fill out the paper and go through the necessary steps to have his motion heard in court.

He needs to call DCSS. They may not be overly nice, because they see him as someone they have to collect from, but they actually are supposed to help him.

But first things first - file for custody and visitation. The family law court has people that will help with the process - free of charge.

Best of luck to you and your son.

He needs to get into court in front of a judge, and seek a judicial review and present the paperwork and seek correction and make it retroactive. He also may want to seek visitation or even custody before the court since the mother does not allow reasonable visitation. IT would be best if he could get an attorney.