How to stop court ordered child support payments

When Can I Stop Paying? [2022]

Last Updated on January 9, 2023 by Benson Varghese

In Texas, child support ends when a child turns 18 or graduates high school – whichever comes later. However, as with almost anything, there are exceptions to this rule. In this blog post, we are going to discuss these exceptions and answer some frequently asked questions about legally terminating child support in Texas.

How long are your required to pay child support in Texas?

Under Texas Family Code 154.001, parents are required to pay child support until one of the following occurs:

* the child turns 18 or graduates high school whichever comes later; or
* the child is emancipated through marriage, through the removal of disabilities of minority by court order, or by other operation of law; or
* the child dies.
The first and the third elements are self-explanatory, but what does No. 2 mean? We will explain these exceptions further below

What are the exceptions that allow early termination of child support in Texas?

If your child becomes emancipated – meaning he or she can manage their own affairs and is self-supporting – then you can legally terminate child support obligations. A child becomes legally emancipated before age 18 if he or she:
* Gets married;
* Joins the U.S. military; or
* Successfully petitions the court to be free of parental control (a judge issues an order permitting the child to have the same rights as an adult.)

In any of these instances, the court will require proof before terminating child support obligations. You can’t just stop paying; you must file a petition to terminate child support.

Can child support be extended in Texas?

Yes, if a child has a physical or mental disability that requires substantial care and supervision – and the disability exited before they turned 18 – a court can order parents to provide indefinite support.

Does child support terminate automatically?

No, child support is not automatically terminated when a child turns 18, graduates from high school, or qualifies for an early exception. The termination needs to be done legally to stop the income withholding. To do this, you or an attorney will need to file a Motion to Terminate Withholding for Child Support in the court that issued the original family court orders. A hearing will be scheduled, where the judge will review the petition and, if everything is in order, will sign an order terminating child support.

Can I terminate child support if I am past due?

If you owe back child support, the court will probably order the arrears to be paid before they will consider signing an order terminating child support. Once again, a hearing will be scheduled, and the judge will review the evidence before making a decision.

What happens to child support if parents get back together?

A Texas court may reduce child support in Texas for the period of time that the parents live together, and the parent who owes child support ends up paying for expenses and household bills.

If you have any questions about terminating child support in Texas, or if you are ready to file petition to terminate child support in Fort Worth or the surrounding counties, please contact Varghese Summersett Family Law Group at 817-900-3220. Our experienced family law attorneys would be more than happy to help you through the process.

Turner Thornton

Turner Thornton is a well-known family law attorney in Fort Worth who leads the Varghese Summersett Family Law Group. Turner has successfully guided hundreds of individuals and families through the most trying period of their lives as a skilled negotiator and savvy litigator. Turner Thornton concentrates his practice on family law, including divorce, child custody, contempt, and modification cases. He is experienced in handling estates with significant and unique assets that can be difficult to value. He finds amicable resolutions where possible to conserve his client's resources, but knows how to take the gloves off if the situation calls for it. He has had remarkable results in and outside of the courtroom based largely on his ability and desire to understand his clients' needs and guide them on the pathway to what success looks like for them.

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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

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Last Updated: Feb 23, 2021

Law Library Disclaimer

The purchase of food and gifts will not exempt from paying alimony

Gifts will not be counted as alimony / Ruslan Shamukov / TASS

will not release from such payments, as well as from liability in case of refusal of them. The corresponding resolution was adopted by the Plenum of the Supreme Court - on the application of Art. 157 of the Criminal Code (CC) on liability for non-payment of alimony.

Art. 157 of the Criminal Code, liability arises only on the condition that non-payment was without good reason and at the same time repeatedly. The Supreme Court clarifies that the refusal to pay child support must be intentional, and repeated means that the person has already been punished for the same under Part 1 or Part 2 of Art. 5.35.1 of the Code of Administrative Offenses. The period for such a period is three months. At the same time, old debts will not be taken into account: a person subjected to administrative punishment cannot be held criminally liable for non-payment for those periods, the payment deadline for which has come before the decision on the offense case comes into force.

In addition, the court found that if the debtor has several children and different notarial or court decisions for each, then the failure to fulfill obligations on them is not summed up: for criminal liability, the decision of the Code of Administrative Offenses must be for each case separately.

Regular payments, but in a smaller amount than determined by the court or a notary, will no longer save you from criminal liability, as well as irregular payments. At the same time, underpayment of alimony may not lead to criminal liability if the court considers the violation to be insignificant under Art. 14 of the Criminal Code. The insignificance of the crime in this matter can be determined, in particular, by the amount of unpaid amounts, the length of the unpaid period, as well as the motives that guided the defendant, and other circumstances of the case.

Buying food, donating things, paying expenses, “if such actions were not of a permanent nature and did not indicate that the child (children) or disabled parents are dependent on the person obliged to pay alimony”, do not relieve him from the obligation to pay alimony in full scope, the court ruled. At the same time, it is stipulated that such circumstances are subject to investigation and assessment by the court in order to resolve the issue of the presence or absence of signs of the objective side of the corpus delicti.

Exemption from criminal liability and exemption from criminal liability on non-rehabilitating grounds occurs, according to the resolution of the plenum, in the event of reconciliation of the parties and repayment of the alimony debt in full. Payment by itself does not relieve liability.

The Supreme Court also drew attention to the fact that the payment of alimony debt can be made not only by those who committed the crime, but also at his request or with his consent by other persons. “Promises, as well as various obligations of the person who committed the crime, to repay the debt in the future are not circumstances that give rise to the release of this person from criminal liability,” the document says.

When sentencing, the courts must take into account that the defendant must be able to pay maintenance.

Buying groceries for children is an ambiguous issue, says Dmitry Gorbunov, partner at the law firm Rustam Kurmaev & Partners. “Gifts cannot be related to the subject of alimony. Alimony by its nature has a sign of a regular type of dependency. That is, these are funds that provide the necessary level of life on an ongoing basis,” the lawyer noted.

BGP Litigation Partner, Head of Family Law and Succession Planning Practice Victoria Dergunova explained to Vedomosti that parents who pay child support are not able to control what exactly the funds are spent on, in practice this leads to conflicts, especially acute in situations of excess income debtors, young children and withholding alimony in shares of earnings. “The recipient of alimony is the second parent, he is not obliged to report on their intended use, and by a court decision he cannot be obliged to do this, legal regulation does not contain such tools,” Dergunova said.

The lawyer says that parents can agree on different ways to meet maintenance obligations, such as setting a minimum monthly payment and providing for compensation for all possible expenses for a child through direct payment or reimbursement of costs. But asking the court to oblige the parent to accept the execution of alimony in kind instead of monetary amounts will not work.

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The Prosecutor's Office of the Samara District of Samara explains: When the payment of alimony stops

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Samara district prosecutor's office of Samara explains: When the payment of alimony stops

Date: We explain the assistant to the prosecutor of the Samara district of the city of Samara Batalova O.A.

Parents are required to support their minor children. The procedure and form of providing content is determined by the parents independently. Financial support is provided through the payment of alimony. In addition, maintenance obligations are provided for by the Family Code of the Russian Federation both for spouses (former spouses) and for other family members. Able-bodied adult children are also required to support their disabled parents in need of assistance. If alimony is paid on the basis of a notarized agreement of the parties, then their payment is terminated:

- in case of death of one of the parties to the agreement;

- upon expiration of the agreement;

- on the grounds stipulated by the agreement.

The alimony payer has the right to terminate the payment of alimony from the moment the listed circumstances occur. In this case, you do not need to contact a notary.

The payment of alimony collected in a judicial proceeding is terminated:

- upon reaching the age of majority by the child or in the event that minor children acquire full legal capacity before they reach the age of majority;

- upon adoption (adoption) of a child for whose maintenance alimony was collected;

- when the court recognizes the restoration of working capacity or the termination of the need for assistance of the alimony recipient;

- upon entry of a disabled ex-spouse in need of assistance - the recipient of alimony into a new marriage;

- with the death of a person receiving alimony, or a person obliged to pay alimony.

To stop paying alimony in the event of restoration of working capacity or cessation of the need for assistance of the alimony recipient (his financial or family status has changed), the alimony payer will need to apply to the court with a claim for exemption from further payment of alimony. At the same time, the alimony payer will need to prove in court that the alimony recipient's ability to work has been restored or that he no longer needs to receive alimony.

It may also be necessary to apply to the court in case of adoption (adoption) of a child. As a general rule, alimony is not collected from the date of entry into force of the court decision on adoption. However, it happens that even after adoption, the alimony payer retains obligations in relation to the child, including the payment of alimony. In this case, a change in the amount of alimony to be collected, exemption from their payment, as well as a reduction in the debt on alimony or exemption from its payment shall be carried out in a judicial proceeding.