Challenging Default Child Support

Summary

A default judgment in kansas can be challenged if there was a lack of proper notice. You may file a motion to vacate the judgment and request a paternity test. If successful, you might also seek to modify or reduce past due child support payments. Consider consulting with a local attorney for guidance on the process.

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Well, not necessarily Illinois. So i was in the army when my youngest son was born. The army wouldnt let me leave for the labor. So i wasnt able to sign the birth certificate, he doesnt have my last name, and theres never been a paternity test. The state if kansas took me to court for child support, however i was in poland, and by the time my sons mom even got served the papers the court date had already passed. So neither of us showed and they just defaulted me the father. Is that even legal?
Hey! That sounds like a tough situation. In Kansas, a default judgment can be entered if a party doesn't appear in court. However, you may have grounds to challenge this judgment due to lack of proper notice. Have you considered filing a motion to set aside the default judgment?
I have not. Would it be possible to challenge it and get my past due amount dropped?
In Illinois, challenging a default judgment and potentially getting past due child support dropped may be possible if you can show that there was a lack of proper notice or other valid reasons. Here are the steps you might consider:
- File a motion to vacate the default judgment.
- Provide evidence of lack of notice and being unable to attend the hearing.
- Request a paternity test if needed.
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Whats the first step i need to do to get my child support payments lowered?
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