How to terminate a child support order

Termination of Child Support | Family Law

Child support obligations are imposed to ensure that the custodial parent of a child has adequate means to provide for their child’s health and well-being. When child support is no longer necessary, either due to the age of the child or other circumstances, the child support obligation can be terminated without adversely affecting the child.

Termination at Age of Majority

Any agreement or order imposing a child support obligation should have a provision that states when the obligation will end. If it does not, state law generally defines how long a parent can be obligated to provide financially for his or her child. Except in cases where a child has special needs or it has been determined that a parent will pay for the child’s college education, child support orders generally terminate when a child reaches the age of majority or graduates from high school. The age of majority is defined by state, but is generally at least 18-years-old.

Justia provides a comprehensive 50-state survey on child support issues such as the typical child support termination age in each state, as well as child support forms and resources.

Requesting Termination

In some cases, a parent may have cause to request the court terminate a support order or agreement prior to the child reaching the age of majority. The procedures for petitioning a court for termination of a support order vary by state. In all states, however, it is important to continue paying any child support you are obligated to pay until the obligation is terminated to avoid being found in contempt and facing adverse consequences.

There are several circumstances that provide a basis for requesting a termination of a child support obligation. For example, if a parent’s parental rights have been terminated, either voluntarily or involuntarily, the parent can request his or her support obligation be terminated as well. In some cases, a modification in the living or financial situation of a child’s parents can be grounds for requesting a termination. For example, if the parents begin living together in the same house or get married, the parent who is obligated to provide support can request a termination of child support on the grounds that it is no longer necessary. If the parent providing support becomes incapacitated or unable to earn an income, he or she can request termination of the support order due to the fact he or she is no longer able to meet the support obligation. If the financial situation of either parent changes dramatically and they jointly agree that child support is no longer necessary, they can jointly petition the court to terminate the child support obligation.

1. 1 Parental rights have been terminated
2. 2 Change in a parent’s living situation (such as when the parents move in together)
3. 3 Change in a parent’s financial situation
4. 4 Paying parent becomes incapacitated
5. 5 Paying parent is no longer able to earn an income
6. 6 Parents jointly agree that support is no longer necessary because of a change in financial circumstances
7. 7 Change in the child’s situation (such as emancipation, marriage, or military service)
8. 8 Change in custody

A change in the child’s situation can be grounds for termination of child support as well. If the child is emancipated prior to the age of majority, the parent is no longer obligated to provide financial support for the child. If there is change in custody of the child, so that he or she no longer lives with the parent who was receiving child support, or now lives with the parent who was obligated to pay child support, the parent providing support can request a termination of the support order. Although it is unlikely to happen before the age of 18, if a child gets married or joins the military, neither parent will be obligated to provide financial support for the child and the parent subject to a support order can request a termination.

Last reviewed October 2022

Child Custody and Support Contents   

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.

Related Guides

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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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Cancellation of alimony, termination of the agreement on the payment of alimony

Increasingly, the responsibilities of citizens for the maintenance of children and other family members are distributed without the intervention of the court. The parties enter into an agreement in which they set the amount of payments. Over time, the situation is changing. Participants have to adjust the calculation rules. In this case, citizens can apply to a notary with a request to cancel the agreement on the payment of alimony.

Grounds and methods of termination

In an out-of-court procedure, a notarial contract can only be terminated by mutual agreement. The document has the force of a writ of execution, and therefore a unilateral refusal threatens with penalties (Articles 100 and 101 of the RF IC).

The transaction termination service is provided upon simultaneous application of the payer and the recipient. Cancellation of a notarial agreement on the payment of alimony is carried out in two ways:

1. Drafting a new document. The parties have the right to draw up another agreement, reflecting the appropriate conditions and amounts of payments. The transaction starts from the moment of notarization.

2. Termination of the alimony agreement. Termination is fixed by a bilateral act. The issue of the maintenance of children and other family members is resolved orally or in court.

Since the termination of the agreement on the payment of alimony through a notary is voluntary, it is not required to confirm the reason. The decision may be due to disability, serious illness, the birth of other children, a decrease in income, or the emergence of new dependents. The notary does not check.

The agreement automatically terminates due to the death of one of the parties. Also, the reasons are the age of majority or the emancipation of the child, the restoration of the dependent's ability to work, the loss of other grounds for the appointment of maintenance.

Sample act of repeal

Notary of the city of Moscow comments Kolganov I.V.:

The document on termination of the maintenance agreement is developed in the notary's office. The parties may propose their own version. However, it will be difficult to achieve his identity unchanged. Article 17 of Fundamentals No. 4462-1 dated 02/11/1993 years lays on notaries full property responsibility for the actions performed. Losses caused as a result of errors, omissions or intentional violations are subject to compensation.

In order to reduce risk, we try to certify documents drawn up personally. Ready-made agreements are subject to detailed legal analysis and revision. The correctness of this approach is confirmed by the order of the Ministry of Justice of Russia No. 91 dated March 15, 2000.

How to terminate a maintenance agreement

You can cancel the contract at any notary. The address of residence, the preservation / dissolution of marriage, the place of certification of the document - all this has no legal significance. The freedom of choice remains with the applicant.

You will need to make an appointment first. This can be done by phone or through the feedback on the site. The conditions for termination of the agreement on the payment of alimony are the consent and legal capacity of both parties. You will have to go to the notary together.

What documents are needed for cancellation

The service is provided on the same day. Participants must submit:

• identity cards;

• maintenance agreement;

• birth / adoption certificates of children, including those that appeared after the conclusion of the contract;

• certificates of kinship when paying funds to other dependents.

You can specify the list of documents by phone. Written requests are accepted by e-mail.

Judicial practice of terminating maintenance agreements

Article 101 of the RF IC lists the circumstances that may serve as the basis for the cancellation of the contract. The norm refers to such a significant change in the family or property status of the parties. At the same time, the law does not specify the party to the transaction. Both the payer and the payee can initiate legal proceedings.

Claims are considered on a case-by-case basis. A proposal for a peaceful settlement is sent to the defendant beforehand. You have at least 30 days to respond.

The applicant has the right to insist on the following:

• amending the contract;

• termination of a notarial agreement on the payment of alimony;

• invalid document.

In the first case, the issue of payments is not removed. The court only changes the amount and order of deductions. The deal remains in effect. The task of the applicant is to justify the need for adjustment. It is difficult to achieve satisfaction of the claim even with obvious changes. An example is the dispute No. 2-824/2015, considered by the justice of the peace of the second section of the Soviet district of Novosibirsk. The plaintiff was refused to change the contract in connection with the birth of a second child. The birth of a baby did not indicate a decrease in well-being. The payer's earnings remained stably high.

In the second case, the obligation is removed. In order to receive payments again, the interested person will need to apply for a court order or file a lawsuit with the district authority. Servants of Themis are reluctant to terminate notarial agreements on alimony. A chance for satisfaction appears with the successful contestation of paternity / maternity, the emancipation of a minor child, and the elimination of the grounds for receiving maintenance by a relative. But the recipient of payments has the right to demand the cancellation of the document in case of a material violation (Articles 450 - 451 of the Civil Code of the Russian Federation). Such is recognized as a delay or incomplete transfer of funds.

If there are signs of invalidity, the court may cancel the agreement on the payment of alimony from the moment of conclusion. Reclaiming the amounts paid is not allowed. Exceptions are the signing of the contract under the influence of threats, deceit or violence. The grounds for invalidity are the participation in the transaction of an incompetent person, its conclusion under the influence of difficult life circumstances. Decree of the Supreme Court of the Russian Federation No. 9 of October 25, 1996 allows the annulment of a document that clearly infringes on the legitimate interests of a dependent.

It is much easier to terminate maintenance agreements in a notary public. The procedure does not require a long wait or proof. The parties are explained in detail the legal consequences, draw up the necessary documents.

Get help now. Our experts will help you find a compromise and avoid disputes.

Termination of maintenance agreement at the notary

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• Termination of the maintenance agreement

An agreement on the payment of alimony can be terminated by mutual agreement of the parties or through the court. As a result of termination, previous agreements on amounts, terms and other parameters of payments are cancelled. Termination must be made in writing, and a copy of this document is the basis for exempting the payer from the transfer of alimony when they are paid in the form of interest on wages.

In what situations is it most common to terminate an agreement?

In most cases, the termination of the maintenance agreement is required if the material and life circumstances of the participants in these legal relations have changed significantly. The most common situations are:

• The financial situation of the alimony recipient has improved significantly, and he can voluntarily decide to remove liability from the payer. By law, the receipt of these payments is voluntary, and the recipient may release the payer at his discretion.
• Significant deterioration in the financial situation of the payer. This is especially true if the amount of payments is set as a fixed amount, and the payer cannot cope with these obligations. In order not to break the law and not accumulate debt, you can try to find a settlement, terminate the previous agreement and revise the procedure for paying alimony.
• Significant deterioration in the material or physical condition of the recipient. For example, this may be due to an illness, an increasing need for a child's funds, or the recipient's loss of a source of income. In this case, the payer can meet halfway and increase their obligations.
• Change in marital status. In some cases, the recovery of alimony becomes too burdensome if a person has got a new family in which children have appeared. Or, on the contrary, the recipient of alimony entered into a new marriage and does not need these payments.

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