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I like this question. I dont claim to have your answer but check this out. Whos collecting the money from your friend? If its Child Support/Family Services of any State they are a private corporation and should be handled like any other bill collector. Because your friend was foolish enough to vollunteer to have a decision adjucated for him in Child Support/Family Services private court by an administrator, that judgement stands as the contract and he will have to continue to make payments.
My point is that why would he go back into the same private court for a modification? We already know that fraud has been committed against him, does he want to be defrauded some more? Probably not. If your friend truly believes that he was defrauded into a contract with this private corporation then why doesnt he just stop making payments? When they send the monthly statement why doesnt he just deny the charge, ask for proof and send it back? They have to stop collection action if there is a dispute right? (this only works for 30 days then you have to dispute it again and again) If they ever have him served a summons why would he go into Family Services own private court where it makes decisions against you for itself? Wouldnt he be better off RSVPing them back saying he doesnt agree to allowing them to adjucate a decision for him and never going into their private court? A judgement to make a payment is one thing, a judgement for punishment on not making payments is another and cant happen unless he gives permission, the only thing he really risks here is the credit rating on his strawman but we dont care about that do we?
I myself went thru the Family Court system for visitation, then they jumped me on the child support, i quickly said "i dont give you permission to adjucate a decision on child support, i was foolish enough to allow you to decide on visitation but i refuse to grant you permission to adjucate on support." they were pissed, but, they couldnt make a support decision. By this time i learned never ever ever allow a decision to be adjucated by a private corporation. I also learned that I am better equipped to make my own decisions and that my ex would have to learn to get along with me if she wanted any $$$$. As far as support for the children, what better support can there be but the love and caring of a father for a child. My children do not equivocate into dollars and cents, they are the products of love and as such are love and require love to grow.
(Generally child support/family court is a money making exercise for the wife the attorneys and the court, saying wife is not chauvinistic, remember, Women, not men, are a Federally protected species and as such are protected in court, you as the male are not.)
Your friend is a bit late but he does have options. If he did apply for a modification it would probably go up not down. He could have a lawyer look over his paperwork and see if his ex getting remarried or some such can revoke his need to make payments but this is exposing himself to the fraud again, so he will have to really consider this.
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