Overview of Child Support Defenses
My first statement to anyone who has found these pages is that it is the rare case to which one of these defenses will apply. The Courts do not like these defenses. Part of their reluctance to invoke them may be that they fear that all persons paying child support will argue for them if they start regularly allowing them. There also is an incredible public policy in making sure that both parents support their children.
Page One of the section starts out with the arguably failed defense of Prepaid Child Support and discusses the relationship between paying child support and visitation. Page Two addresses the current trend of children suing for child support, which may negate any defense you have. That page also discusses waiver as a defense to the payment of child support. Page Three relates to the defense of acquiescence to the nonpayment of support and joint support awards. Page Four covers equitable defenses to the nonpayment of support and miscellaneous unsuccessful arguments, like the payment of In-Kind support.