How to take non custodial parent off child support

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 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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Memo to guardians, custodians, foster parents on collecting alimony for the maintenance of wards

I. Sequence of actions.

1) According to art. 60 of the Family Code of the Russian Federation, the child has the right to receive maintenance from his parents. In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in a judicial proceeding. In accordance with Art. 148 of the Family Code, children under guardianship (guardianship) are entitled to the alimony due to them.
It should be borne in mind that, by virtue of Art. 71 and 74 of the Family Code of the Russian Federation, deprivation of parental rights or restriction of parental rights does not relieve parents from the obligation to support their child.
Art. 145 of the Family Code of the Russian Federation regulates that guardianship or guardianship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.
Thus, in order to protect the property rights of minors, the guardian (custodian), as the legal representative of the child, is obliged to control the fulfillment by parents of the obligation to pay child support. Therefore, if at the time of the establishment of guardianship (trusteeship) alimony from the parents of the ward child was not collected and paid on a voluntary basis, then the guardian (custodian) must file an application with the court for the recovery of alimony. This category of cases is considered by magistrates both at the place of residence of the guardian (custodian) and at the place of residence of the parents (one of them).

2) In accordance with art. 33 of the FEDERAL LAW dated 02.10.2007 N 229-ФЗ "ON EXECUTIVE PROCEEDINGS" enforcement actions are performed by a bailiff at the place of residence, place of stay of the debtor.
The recoverer is a citizen in whose favor or in the interests of which a writ of execution has been issued. The debtor is a citizen who is obliged by an executive document to pay alimony.
Thus, the original writ of execution for the recovery of alimony is submitted by the recoverer to the department of the bailiff service at the place of residence (at the place of residence) of the debtor, or at the last known place of residence of the debtor,
In accordance with Art. 429 of the Civil Procedure Code of the Russian Federation for each court decision, only one writ of execution is issued. In order to prevent the loss of the writ of execution, you must first make a copy and mark the bailiff service on the acceptance of the writ of execution directly on its copy. It is also necessary to write an application with a request to initiate enforcement proceedings and attach to it a copy of the savings book opened in the name of the child.

3) In accordance with Art. 84 of the Family Code of the Russian Federation for children left without parental care, alimony is paid to the guardian (custodian) of the children or their adoptive parents.
Thus, if guardianship is appointed after the issuance of a writ of execution on the recovery of alimony from parents deprived of parental rights, then in accordance with Art. 44, 203 of the Civil Procedure Code of the Russian Federation, it is necessary to apply for a change in the procedure and method for executing a court decision. This application is submitted to the court that issued the decision on the recovery of alimony. The court issues a ruling on the replacement of the recoverer, which is sent to the parties in the case. This determination must be submitted to the department of the bailiff service, in whose production enforcement proceedings have been initiated.

4) After submitting the application and the original of the writ of execution to the bailiff service, the bailiff initiates enforcement proceedings, about which a “Decree on the initiation of enforcement proceedings” is issued, which is sent to the parties ..

5) You need to know that in accordance from Art. 50 of the FEDERAL LAW dated 02.10.2007 N 229-FZ "ON EXECUTIVE PROCEEDINGS", the parties to enforcement proceedings have the right to familiarize themselves with the materials of enforcement proceedings, make extracts from them, make copies of them, submit additional materials, file petitions, participate in enforcement actions, give verbal and written explanations in the process of performing enforcement actions, give their arguments on all issues arising in the course of enforcement proceedings, object to the petitions and arguments of other persons participating in enforcement proceedings, file challenges, appeal against the decisions of the bailiff, his actions (inaction ).

6) At the request of the party in the enforcement proceedings, the bailiff issues a ruling on the calculation of alimony arrears. As necessary, in accordance with the plan for the protection of the rights of the child, a copy of the resolution on the calculation of arrears of alimony must be submitted to the personal file of the ward

II. Alimony has not been received for a long time - what to do?

In accordance with the legislation of the Russian Federation, the main task of bailiffs is the enforcement of a court decision that has entered into legal force. In order to implement the above task, the bailiff requests from the tax inspectorate, the pension fund and other organizations information about the debtor's earnings and other income, bank accounts or property that can be foreclosed. Thus, if alimony is not received on the child’s account for a long time, this means that the bailiff cannot find the debtor, or his income or property, which can be foreclosed.
In this case, the law provides for certain opportunities for the bailiff, however, as a rule, these actions are performed by the bailiff only at the request of the claimant.

1) If the bailiff cannot find the debtor (the debtor does not live at the place of residence or at the place of the last known place of residence).
In this case, the bailiff, on his own initiative or at the request of the recoverer, issues an order to search for the debtor, which is approved by the senior bailiff.

2) If the bailiff cannot find the income or property of the debtor.
If the bailiff cannot find the debtor's income or property that can be seized, this can only mean that the debtor is deliberately hiding from the obligation to pay alimony. In this case, the legislation of the Russian Federation provides for some restrictive measures, as well as the liability of the debtor for failure to comply with the court decision.
In accordance with art. 67 of the FEDERAL LAW dated 02. 10.2007 N 229-FZ "ON EXECUTIVE PROCEEDINGS" if the debtor fails to fulfill the requirements for the recovery of alimony, the bailiff has the right, at the request of the recoverer or on his own initiative, to issue a decision on a temporary restriction on the debtor's departure from the Russian Federation. Thus, if the court decision on the recovery of alimony is not executed for a long time, and also if this decision is not executed in full (i.e. there is a debt in paying alimony), then it is necessary to write an application to the department of the judicial service bailiffs with a request to temporarily restrict the debtor's departure from the Russian Federation.
In addition, the legislation of the Russian Federation provides for criminal liability of debtors for malicious evasion from paying alimony.
Thus, in the event of a long-term (usually more than 6 months) non-payment of alimony for the maintenance of a ward child, the guardian (trustee) must submit an application to the bailiff service with a request to consider the issue of bringing the parent (parents) to criminal responsibility.

Release of a guardian or custodian from their duties

Applicants have the right to a pre-trial (out-of-court) appeal against decisions and actions (inaction) taken (carried out) by local governments, officials, municipal employees of local governments in the course of providing public services. The pre-trial (out-of-court) appeal procedure does not exclude the possibility of appealing against decisions and actions (inaction) taken (carried out) in the course of providing public services in court. The pre-trial (out-of-court) appeal procedure is not mandatory for the applicant.

The subject of pre-trial (out-of-court) appeal are:

• violation of the deadline for registration of the applicant's request for the provision of public services;
• violation of the term for the provision of public services;
• requirement from the applicant of documents that are not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
• refusal to accept documents from the applicant, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
• refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
• requirement from the applicant when providing a public service of a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
• refusal of a local self-government body, a municipal employee of a local self-government body providing a public service, to correct typographical errors and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections.

The complaint is submitted in writing on paper, in electronic form to the local government. Complaints against decisions made by an official of a local self-government body are submitted to the Government of St. Petersburg.

A complaint can be sent by mail, through the MFC, using the Internet information and telecommunications network, the official website of the local government, a single portal of state and municipal services or a regional portal of state and municipal services, and can also be accepted at the personal reception of the applicant.

The complaint must contain:

• name of the local self-government body, official of the local self-government body or municipal employee of the local self-government body whose decisions and actions (inaction) are being appealed;
• last name, first name, patronymic (the last name, if any), information about the place of residence of the applicant - an individual or the name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), email address (s) (if available) and the postal address to which the response should be sent to the applicant;
• information about appealed decisions and actions (inaction) of a local government body, an official of a local government body or a municipal employee of a local government body;
• arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the local government, an official of the local government, or a municipal employee of the local government. The applicant may submit documents (if any) or their copies confirming the applicant's arguments.

The complaint received by the local authorities is subject to consideration within the following terms:

• within fifteen working days from the date of registration of the complaint;
• within five working days from the date of registration of the complaint in the event of an appeal against the refusal of a local government body, an official of a local government body to accept documents from the applicant or to correct typographical errors and errors, or in the event of an appeal against a violation of the deadline for such corrections;
• at other times in cases established by the Government of the Russian Federation.

Based on the results of consideration of the complaint, the local government takes one of the following decisions:

• satisfies the complaint, including in the form of cancellation of the decision, correction of misprints and errors made by the local government in documents issued as a result of the provision of public services;
• refuses to satisfy the complaint.

Not later than the day following the day of the decision, the applicant in writing and at the request of the applicant in electronic form shall be sent a reasoned response on the results of the consideration of the complaint.

When considering a complaint by a local self-government body, a citizen has the right to:

• get acquainted with the documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law;
• receive a written response on the merits of the issues raised in the complaint, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
• appeal against the decision or action (inaction) in connection with the consideration of the appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
• submit additional documents and materials or apply for their reclamation, including in electronic form;
• apply for termination of consideration of the complaint.

In the event that, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider complaints immediately forwards the available materials to the prosecutor's office.

The applicant has the right to receive information and documents necessary to substantiate and consider the appeal (complaint). Local self-government bodies, its officials, municipal employees of the local self-government body are obliged to provide the applicant with the opportunity to familiarize themselves with the documents and materials related to the consideration of the appeal (complaint), if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contains information constituting a state or other secret protected by federal law.

Executive bodies of state power of St. Petersburg and officials to whom the complaint (claim) of the applicant may be addressed in the pre-trial (out-of-court) procedure

If the subject of the complaint (claim) of the applicant is the actions of the local government providing public services, the complaint (claim) may be sent to the Committee for Social Policy of St.

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