You’ve been served with a summons to appear at a child support court hearing. But what happens at a hearing, and what are your rights?

Child support laws differ by state, but here are some general guidelines about what to expect at a hearing.

A child support court hearing can be triggered when one parent requests a child support order, or wants to change an existing order. Even if both parents agree to a change, they must still appear at a court hearing to convince a judge it’s in the best interest of all parties – especially the children.

Not all child support hearings happen in court, however.

At a hearing, a judge must give both parents an opportunity to be heard. You’re generally allowed to call witnesses to bolster your case. If the hearing is for an initial child support order, a parent may also be required to prove a child’s paternity or maternity.

For a child support modification, the requesting parent must show there’s a change in circumstances that requires a revised support order. Valid reasons generally include a child’s changing needs, a parent’s disability, or a change in employment. If a parent opposes the proposed change, there will be an opportunity to explain why.

Attorneys for the state can also request a child support court hearing on a parent’s behalf, or to make deadbeat parents pay up. But if a state attorney is taking you to court over child support, you may have a right to a court-appointed attorney.

Most states cover the cost of counsel for indigent parents who go up against state attorneys, in order to “level the playing field.” However, this is not a requirement in some states like Georgia. (A class-action lawsuit is trying to change that, the Atlanta Journal-Constitution reports.)

Bottom line: Both parents will get to present their arguments before a judge makes a decision at a child support court hearing. Because child support laws are complicated, you may want to consult an attorney before you get your day in court.

Related Resources:

  • Find Child Support Attorneys Near You (FindLaw’s Lawyer Directory)
  • Child Support Overview (FindLaw)
  • 3 Tips When Using A Child Support Calculator (FindLaw’s Law and Daily Life)
  • How Can I Lower my Child Support Payment? (FindLaw’s Law and Daily Life)
  • Deadbeat Dad Jailed on 36-Year-Old Warrant (FindLaw’s Law and Daily Life)

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