How can i cancel my child support

How to Stop Child Support | When Does Child Support End

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When is Child Support Ordered?

After parents divorce or separate, the court orders that the parents fulfill their legal obligation by making monthly payments known as child support to their minor child. This is for basic needs such as food, housing and clothing. Generally, the states have their own child support guidelines which provide a framework and formula for calculating child support. 

It is typically based on each parent’s annual gross income. There are several factors that the court considers before issuing the order for the payments. Child support laws can vary based on where you live and the agreement you reach with the court during the marital separation. 

The purpose for child support is to cover the expenses of the care of the child; it is not meant for the receiving parent or custodial parent to use for their own expenses. The custodial parent is the parent who primarily resides with the child and the non-custodial parent does not reside with the child. It is important to consult with a local family attorney to understand the complexities of the procedure for filing for child support. 

In particular, this article will be closely examining stopping child support. Although child support is a legal responsibility of each parent, there may be circumstances in which the child support should otherwise be terminated. There are several lawful reasons to stop child support payments which include, age of maturity for the child, financial reasons or voluntarily choosing not to receive payments.

For example, your ex-spouse’s financial circumstances drastically shift. Generally, if you have a legal reason for the termination of child support payments, you can initiate the process and visit your local family court and obtain the correct forms to fill out the paperwork. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. 

How is a Child Support Award Enforced?

Once the court awards child support, it is legally binding and the parents are mandated by law to complete the child support payments. Therefore, the child support orders are legally enforceable. If for some reason a parent is refusing to pay, you can contact local family support lawyers to enforce and collect the court-ordered child support from the ex-spouse. However, even after these warnings and notice, if they still fail to make those payments they could possibly face serious consequences such as suspension of business license, seizing of property or imprisonment for failing to follow the court order. 

Furthermore, a different state can also enforce child support orders if the ex-spouse decides to move out of state. Specifically, The Uniform Interstate Family Support Act (UIFSA) outlines what options parents have if faced with this dilemma for trying to enforce child support payments. 

Can I Modify or Terminate My Child Support Order?

Family courts allow for modification of child support orders. However, the changes cannot happen automatically, the parent must make a formal request by filing a petition to the court to modify the child support order. Oral agreements to make modifications generally tend to lead to more issues. Therefore, written agreements showcase better results in this process especially if the parents already agreed upon a term.

The courts will consider if the reason for the modification of the order is material and relevant to the situation. For example, a significant change in the financial situation or occurring of some events such as becoming disabled. Either parent is allowed to request the court to make a modification while the child is still 18 years or age. 

How Can I Avoid a Child Support Increase?

Showing the court that certain circumstances have changed can increase the child support payments. The parent can request the court to modify the official child support order either to be increased or decreased. The court will consider if there has been a substantial change in the circumstances such as change in the child’s needs, an increase in salary, or the involuntary loss of job. 

After this determination, the court may change the current existing child support order to reflect the changed situation. The order needs to be officially entered by the court, a simple written or verbal agreement among the parents will not legally suffice. 

To avoid getting child support payments unfairly increased, be sure to reach out to a local lawyer to determine what your options are. Furthermore, the court allows for modifications but needs the parent to initiate the process and show the valid reasons for a modification of the child support order. 

Generally, courts look to the child’s best interests standard to determine what the child support payments should be. This includes a review of factors such as the child’s well being, their physical state, mental state, and religious or cultural preferences. 

Do Child Support Payments End Automatically?

No, the child support payments do not end automatically. The parent needs to reach out to the court and request the termination of child support payments. Typically, child support validly ends when the child reaches the age of maturity, passes away, gets married or leaves for undergraduate studies. However, there may be situations in which the child support would continue after the age of 18 if they reside with the parent or are disabled. 

How to Get My Child Support Arrears Dismissed?

Arrears are the amount of unpaid child support owed to the custodial parent. For example it could be a past due medical bill for the child that the parent failed to pay. Parents are allowed to seek help from the law enforcement and other governmental agencies in pursuing child support. 

Each state has particular government agencies or law enforcement departments that are tasked with enforcing child support orders and assist in collecting past due support. These rules and procedures will vary by local state and counties. A local family lawyer can guide you in filing a motion to dismiss child support arrears, as well assist you with other related matters involving child support. 

Some situations arise when a parent may file behind in making the child support payments with no fault of their own, such as loss of employment. Therefore, the court in some cases may waive some or all back child support, but these scenarios involve the cooperation of both parents. Once, there is an agreement the court will make a decision regarding the dismissal of child support arrears. 

Do I Need a Lawyer for Help with Terminating Child Support?

In order to terminate child support, you would need to file the correct paperwork with the local county office. A local child support lawyer in your area can assist you with the details of the entire legal process and inform you of how to cancel child support. If you are struggling to make child support payments or are struggling to receive them there are legal options available for both circumstances. 

However, they must be officially communicated and requested to the court by filing the necessary paperwork. It is important to seek assistance from an experienced attorney to understand what your next steps are as a parent.

Ken LaMance

Senior Editor

Original Author

Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts.

Jose Rivera

Managing Editor

Editor

Last Updated: Feb 23, 2021

Law Library Disclaimer

Florida Dept. of Revenue - Changing a Support Order

An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated or vacated, the amount ordered is owed and legally enforceable. To understand how the law applies in your situation, you should seek legal advice from a licensed attorney.

Do I Qualify for a Review of my Child Support Order?

How to Request a Change to a Support Order

Either parent with a child support case can ask the Child Support Program to review their support order to see if the order should be changed. Parents can also file a petition in circuit court to change their support order.

What Happens When You Ask the Child Support Program to Review Your Support Order

First, the parent making the request gives their financial and other information to the Child Support Program for review. Once this information is received, the Program contacts the other parent to obtain their information. The Program reviews the parents' information to determine if there is a substantial, permanent, and involuntary change, or it appears there are other legal grounds to change the order. When the Program completes the review, it mails the results to both parents.

If the Program Determines the Order Should Change

If the review shows the order should be changed, the Program may start a proceeding to change the order. The steps to change an order depend on whether the order is a court order, an administrative support order issued by the Program or if another state issued the order. To change a court order, the Program involves a Program attorney who handles the court action. To change an administrative support order, the Program starts by notifying the parents of the proceeding to change the order. Parents are entitled to a formal hearing before a court or administrative order is changed.

If the support order was issued by another state, that state may need to review and modify the order, if appropriate. If that is the case and you make the request to the Program, we will forward your request to the other state.

If the Program Determines the Order Should Not Change

If the Program determines the order should not change, we notify the parents of our decision and take no further action.

What is a Change in Circumstances?

The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent's change in circumstances must be substantial, permanent, and involuntary.

If it has been less than three years since the support order was issued, reviewed or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15 percent but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10 percent but not less than $25.

A permanent change in circumstances depends on the specific facts of the case. In most cases, to prove a permanent change, one must show the change has lasted for six months or more. Temporary or short-term changes are not enough to prove a lasting, permanent change. For example, a loss of employment is not a permanent change if you expect to find new employment. In some cases, a parent may be able to prove a permanent change right away; for example, a severe, life-changing injury or illness or retirement at the normal retirement age.

An involuntary change, comes about through no fault of the parent, like an extended illness or employment layoff. A voluntary change is a result of the parent's own choices. A voluntary change does not meet the standard for a support order to be changed. Examples of voluntary changes include quitting a job, being terminated for reasons within the parent's control, taking a lower paying job, or engaging in criminal conduct that results in incarceration.

Note: A support order change (modification) involves applying the law to the specific facts of the case. The general principles here are only a partial statement of the law and are not legal advice. Only a licensed attorney is authorized to provide legal advice based on the specific circumstances of your case.

Other Resources

Either parent can file their own petition in circuit court to change (modify) a support order. You can hire a lawyer of your choosing or file your own petition and represent yourself. Other resources you may find helpful include:

• Florida Courts Self-Help Page for Child Support
• Find a Florida Courts Self-Help Center Near You
• Florida Courts Self-Help Resources
• Download the Florida Courts Help App | Google Play Store | Apple App Store
• Florida Bar Legal Referral Service
• Florida.FreeLegalAnswers.org

How to Cancel Child Support?

It is necessary to apply to the court to determine the place of residence of the child with the father and cancel the alimony.

To stop paying child support legally, you must apply to the court in the order of action or writ proceedings to obtain a court decision or order to cancel child support . An executive document must be submitted to the bailiff service to stop the collection of alimony payments.

Child support can be canceled by a court decision or by agreement of the parents . At the same time, it is necessary that the property interests of the child are not violated. Therefore, the cancellation procedure is controlled by the court or notary.

Can single parent support be cancelled?

In the case when a child changed his place of residence from one parent who received child support to the one who paid them, it is possible to resolve the issue of canceling the calculation of alimony. The same should be done if the mother and child have left in an unknown direction and there has been no news from them for several years.

How is fixed child support determined?

Child support in a fixed amount is assigned as a multiple of the subsistence minimum for children in the region of residence of the recipient of the alimony, and in the absence of such an indicator in the subject of the country, the corresponding subsistence minimum for children established in the whole of the Russian Federation is used.

How to cancel child support?

For to cancel child support legally, the ex-father needs to go to court. The application must be accompanied by documents confirming the renunciation of paternity and the adoption of the child by another person. After the adoption of the court decision, the obligation to support the minor is removed.

How to write an application for termination of alimony payments?

An application for the cancellation of alimony for a child is filed with the district court at the place of residence of the recipient of alimony in cases of adoption or inaction of a bailiff or employer if there are grounds for terminating the collection. The amount of the state duty is determined based on the totality of the remaining payments for no more than a year.

Is it possible to cancel alimony from bailiffs?

Presentation of a writ of execution for collection alimony is the right, not the obligation of the claimant, and nothing prevents or not to file a writ of execution at all or to withdraw it in the future.

How to suspend child support payments?

In order to stop paying alimony , it is enough for a parent to prepare an evidence base and apply to the appropriate court with an application to stop collecting alimony (go to the sample). From the moment the court makes a decision, the parties cease to depend on each other, and maintenance payments cease.

Can child support payments be cancelled?

To stop paying child support legally, you must apply to the court in the order of action or writ proceedings to obtain a court decision or order to cancel child support . An executive document must be submitted to the bailiff service to stop the collection of alimony payments.

How can alimony be canceled if the child lives with the father?

To father no longer pay alimony for the maintenance of a child who lives with him and is supported at his expense, he needs to file a claim with the court for exemption from paying alimony .

What do I need to withdraw child support?

You can refuse alimony : Through the court Through a bailiff Through a notary

To certify the agreement, parents during a visit to the notary must have with them:

1. Own passports
2. Birth certificate of the child (or children)
3. All documents confirming the transfer of property
4. Previous agreement (if any)

Is it possible to cancel the decision of the court on alimony?

It is possible to cancel the decision on the recovery of alimony

Judges of the peace have samples of applications for its issuance. As as a rule, women write an application according to the model. The issued court order can be canceled if the debtor under maintenance payments received objections within 10 days from the date of receipt of its copy.

How to stop paying child support after 18 years?

A parent who makes maintenance payments has the right to apply to the accounting department with an application for termination of payments in connection with the acquisition of full legal capacity by the child. A copy of the document that recognizes the child as fully capable should be attached to the application.