support order child stop
If that's the case, you may want to talk to the other parent and see if you can reach an agreement that child support should end. Contact your state's child support enforcement agency. Procedures may vary among states. If your case has been handled through your state's child support enforcement agency, an agency representative will be able to tell you what specific steps you need to take to stop your child support order.
Unlike filing a motion or petition in court, there typically is no charge to have a child support order stopped using the child support enforcement agency. As long as the order is in effect, you are still on the hook for making payments — even if those payments are no longer necessary. Although you can notify the agency initially over the phone, agencies typically require written notification along with copies of any documents that prove child support should be terminated.
Gather information to support your claim. Before you fill out an application to have your child support order stopped, get copies of any documentation that would help prove your child no longer needs child support. For example, if your child support order states that your obligation ends when the child turns 18, you would want to attach a copy of the child's birth certificate and a copy of the original child support order.
Fill out the application to terminate the support order. Each state agency has its own forms that you must complete and file with the agency before your child support order can be terminated. You must list the specific reason you believe your child support should be terminated, and provide documentation to back up that reason. Cooperate with the agency's investigation.
After you've submitted your application, the agency will review your application and evaluate the reasons you've stated your child support order should end. Most state agencies have a deadline for beginning and completing an investigation and notifying you of the results. For example, Ohio's Child Support Enforcement Agency must complete its investigation to verify the facts you set forth in your application within 20 days of receiving the information from you.
Receive notice of the agency's final decision. When the agency finishes reviewing your case, it will send you a notice of whether your child support has been terminated or will continue. Your notice typically will include an itemized listing of your account, including any back child support you still owe, any over-payments you've made, and any existing child support orders that remain for other children.
Method 2. Before you file a motion with the court, review the terms of the initial order and look for any statements regarding the termination of your child support obligation. Your order may list specific events or dates that end your obligation under the order. If the date or event listed has occurred, that is all you need to prove to the court.
For example, if your order states that your child support obligation ends on your child's 21st birthday, all you need to prove to the court is that your child recently turned Talk to the other parent. If you and the other parent are still on speaking terms, you may bring the issue up with the other parent and see if they agree with you that you should no longer be paying child support.
If you can reach an agreement with the other parent, often you can file an agreed motion and have the judge approve it without having to attend a hearing. If both parents cannot agree that child support should be terminated, going to court and letting a judge decide may be your best option. Get copies of the appropriate forms. Many courts have fill-in-the-blank motions you can use to ask the court to stop your child support order.
Gather any required documentation. The court will need copies of the original order as well as any documents or other information that supports your claim that child support should end. If your child support obligation ends when your child reaches a certain age, all you need in addition to the original order is a document such as a birth certificate that proves the child's age.
If your child is 19 but quit college and got a job, you would need proof that your child quit school and is living on his own. You also may no longer be required to pay child support if you got back together with the other parent. You would need to prove to the court that you've actually reconciled, for example by attaching evidence that you both live in the same house.
Fill out your forms. Enter the information required thoroughly and accurately, using the format requested by the court. In some states such as Missouri, you also must file an affidavit with the court listing the facts that indicate your child support obligation should be terminated.
As long as you have a lawful reason for stopping child support payments, and you want to initiate the process, you can:. Keep in mind that the judge or another court-appointed representative may attempt to convince you not to stop child support payments. This is because to the court, it is in the best interests of your child to continue to receive as much financial support as possible.
Therefore, you should be prepared to defend your reasons for wishing to stop child support payments. Formally putting an end to child support payments is not your only option. You could simply return the payments to your ex while he or she is experiencing financial difficulty.
Generally speaking, parents receiving government aid do not have the option to voluntarily stop child support payments. Non-custodial parents who are no longer responsible for child support payments should maintain adequate records from the custodial parent regarding payments made toward the child's upbringing. By maintaining receipts, a non-custodial parent can ensure that he or she won't be in a position to owe back child support payments later.
For more information, refer to additional resources about child support payments or speak with a qualified attorney in your state. Get diet and wellness tips to help your kids stay healthy and happy. There was an error. Please try again. Thank you, , for signing up. More in Single Parenting. In that case, the parent who initiated the child support order should return to family court and explain his or her desire to stop receiving child support payments.
It may be hard to imagine, but you could theoretically opt to stop child support payments. It's worth mentioning, though, that you would be under no obligation to voluntarily put an end to court-ordered child support. However, your ex could and likely would file for a child support modification.
When is Child Support Ordered? A child support order may be issued by the court in connection with a divorce or separation proceeding or. A parent who stops paying child support without getting a court judgment or the parent not paying be found in contempt of court (not respecting a court order). A child support modification is a judicial order and while it does not end child support obligations outright, it can significantly reduce or increase the amount of .
If a non-custodial parent owes any arrearage at the point when the order for child support terminates, he or she is still required to pay the arrearages. Living together Sometimes you get back together with the other parent and decide to live together. Sometimes it is clear when a child support order ends. When the agency finishes reviewing your case, it will send you a notice of whether your child support has been terminated or will continue.
DCS: Child Support Orders