How do you cancel 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

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How to Stop Child Support Withholding

Family, Divorce & Children

This article contains information, instructions, and forms for having child support withholding stopped. 

Composed by TexasLawHelp • Last Updated on June 6, 2022

Page Sections

When is someone eligible to have child support withholding stopped?

Someone is eligible to have child support withholding stopped when:

• The child support obligation has ended, or
• The parties reach an agreement for child support to stop and the parties have filed a modification case.

Note: Get a copy of your court order to learn when the child support obligation ends in your case. You can also read some common reasons child support may have ended listed in the Order to Employer to Terminate Withholding for Support form. 

What do I need to do to stop child support withholding?

Step 1: Fill out these forms.  

Note: These forms should only be used if your child support obligation has ended. If your child support obligation has not ended, you may need to file a modification case. For more information about filing a modification case, read this short article: Changing a Custody, Visitation or Child Support Order. You may also use the instructions and forms available in the toolkit: I need to change a custody, visitation or child support order.

If you want to stop child support from being withheld from your paycheck by an employer because the child support obligation has ended you can: 

Use these forms if you want to file the court papers yourself and then give the other party legal notice of the case:

• Petition to Terminate Withholding for Child Support: Fill this out completely in blue or black ink.
• Waiver of Service OR Answer to Petition to Terminate Withholding for Child Support
   
  • Give the other party (the respondent who receives the support) both of these forms and ask the respondent to sign either form and give it back to you. 
  • Note: If the other party will not fill out and sign the Waiver of Service or Answer to Petition to Terminate Withholding for Child Support form, you must have the respondent served by a constable, sheriff or private process server. Use these instructions: How to Serve the Initial Court Papers
  • The Waiver of Service  form must be signed in front of a notary. If the respondent plans to sign the Waiver of Service form, tell the respondent to sign it in front of a notary at least one day after you filed the Petition. Otherwise, the respondent will have to redo it.
  • The Answer to Petition to Terminate Withholding for Child Support form does not have to be signed in front of a notary.
• Order to Employer to Terminate Withholding for Support
  • Fill this out completely in blue or black ink. Ask the respondent to sign it. You should also sign it.
  • The Order to Employer to Terminate Withholding for Support form must be completely filled out when the respondent signs it. You CANNOT make changes to the order form after it has been signed by the respondent, unless the respondent initials each change.

Online Guided Forms - Interactive

Petition to Terminate Child Support Withholding - Guided Form

Respondent's Answer or Waiver to the Petition to Terminate Child Support Withholding - Guided Form 

Step 2: Turn in your petition.

Turn in your completed Petition to Terminate Withholding for Child Support form at the district clerk’s office in the county where your current order was made. Get a copy for both you and the other party. The clerk will “file-stamp” your forms with the date and time and return the copies to you.

Step 3: Send a file-stamped copy of the Petition to the other party.

Send a file-stamped copy of the Petition to Terminate Withholding for Child Support to the other party. Send it by certified mail, return receipt requested.

Note: If the other party will not fill out and sign the Waiver of Service or Answer to Petition to Terminate Withholding for Child Support form, you must have the respondent served by a constable, sheriff or private process server. Use these instructions: How to Serve the Initial Court Papers.

Step 4: Schedule a hearing.

If the other party signed the Order or Waiver of Service, call the clerk’s office to learn when and where the court hears uncontested cases.
 

If the respondent was served and did not file an answer, determine if your case can be finished by default:

• A Return of Service form (stating when and where the respondent was served) has been on file with the clerk’s office for at least 10 days (not counting the day it was filed or the day you go to court).
• The 20-day waiting period for the respondent to file an answer has passed.
• If the respondent filed an answer and will not sign your completed Order to Terminate Child Support Withholding, your case is contested.  To finish a contested case, you must set a contested final hearing. Read this article to learn more: How to Set a Contested Final Hearing. It’s always best to have a lawyer if your case is contested.

Read the article Tips for the Courtroom for more information about going to court.
 

Step 5: Go to the hearing

Be ready to explain to the judge why you are eligible to have the child support withholding stopped 

Bring the following with you to court:

• Proof that you sent the  Petition to Terminate Withholding for Child Support  to the other party.
• The Order to Employer to Terminate Withholding for Support for the judge to sign.

If the judge agrees to stop the withholding of child support, the judge will sign that order.

After the judge signs the order, take the signed order back to the clerk’s office. Ask the clerk to send a certified copy to the employer that is withholding support from your paycheck. Get a copy of the signed order for your records.
 

Does it cost anything to file a Petition to Terminate Withholding for Child Support?

Yes. Call the district clerk’s office in the county where the current order was made to learn the fee. If you cannot afford the fee, learn about Court Fees & Fee Waivers.

If you cannot afford the court fees for your case, you can ask the judge to waive the fees by filing a Statement of Inability to Afford Payment of Court Costs. 

Will the court automatically approve my Petition?

No. The Court will not approve your Petition if:

• You do not meet the requirements, or
• You owe arrears for child support.
   

Should I talk with a lawyer to find out if I can ask for my child support withholding to stop?

Yes! If possible, talk with a lawyer. You can hire a lawyer just to:

• give you advice and review your forms, or
• represent you at your hearing.  

You may also be able to talk with a lawyer for free at a legal clinic.

If you need help finding a lawyer, you can:

• Contact your local lawyer referral service, or
• Use our Legal Help Directory tool, or 
• Check our Events Calendar.

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Related Forms

Record of Support Order with Application (1 TAC 55.

121)

1828a

This form is used by larger Texas counties to provide the record of support order data needed by the state case registry.

Download Form

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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.