Can both parents agree to stop child support? 17 Answers as of June 10, 2013

The custodial and non custodial parent agrees that child support should be stopped. Is this possible?

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Beaulier Law Office
Beaulier Law Office | Maury Beaulier
If a child support order has been entered, it would be owed until there is an Order modifying that obligation. To modify the obligation, the Court must find that the child support agreement is in the best interests of the child. Often, with the assistance of counsel, such agreements can be effectively drafted to be accepted by the court.
Answer Applies to: Minnesota
Replied: 5/20/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes, it can be done by agreement, and simply state the reason that you have agreed to deviate from the child support guidelines. Stay well.
Answer Applies to: Alabama
Replied: 5/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes. The easiest way is to put the agreement in writing, both of you sign it, and get it notarized. Then file a Motion to Modify with the Court. File the agreement as the agreement of the parties, get a new court order saying no child support.
Answer Applies to: Texas
Replied: 5/18/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can stipulate to make child support zero unless the State Child Support Services is involved.
Answer Applies to: California
Replied: 5/18/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Yes, it is possible to terminate child support. If DCSS is involved, then that case will have to be closed in order to accomplish this goal. DCSS will never agree to to terminate child support.
Answer Applies to: California
Replied: 5/18/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    In some cases yes; in others no. It depends on the overnights each parent have with the child(ren) and the incomes of each of the parties. Go to the Oregon child support guidelines to calculate child support and further to see if agreement for no child support is no more than a 10% adjustment of the calculated support. My website has a link to the CS calculator. Ultimately you will need a court order modifying the child support to zero if it is proper to do so; and probably a lawyer to help. Thanks.
    Answer Applies to: Oregon
    Replied: 5/18/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes and no. If a court has ordered child support, only a court order can legally stop it and courts are usually very reluctant to terminate child support obligations. However, unless the state is involved in collecting child support due to the payment of public assistance benefits, the parent who receives the child support is the only one who knows whether the support is being paid and can complain if child support stops, so as long as both parents agree, it will stop. It is important to remember, however, that the parent who owes the money may not be legally excused if the receiving parent later rejects the agreement and seeks to enforce the court order.
    Answer Applies to: Colorado
    Replied: 5/18/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, one parent is required to pay child support. Future support is considered an interest of the child. Past child support or back child support is considered an interest of the parent and therefore can be "forgiven." If the State is involved however, this analysis will likely be different particularly if the child or parent(s) is receiving State assistance.
    Answer Applies to: Washington
    Replied: 5/18/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, most of the time.
    Answer Applies to: New Jersey
    Replied: 6/10/2013
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Assuming there are support orders already in place the proper way to handle this would be to go to court on a motion to modify the existing support order and indicate what deviation criteria apply to the matter such that the Child Support Guidelines should not be imposed. The court must make a specific finding that the Guidelines would be inequitable or inappropriate to apply under the circumstances. If you have any further questions please let us know.
    Answer Applies to: Connecticut
    Replied: 5/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    It depends. If the order was made in a Divorce or Paternity case, a Stipulation and Order modifying Child Support to zero, containing a declaration pursuant to Family Code Section 4065, could be acceptable to the Court.Child Support can thereafter be increased by the Court to Guideline Child Support on application of the custodial parent, at any time.
    Answer Applies to: California
    Replied: 5/17/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Of course! File a Stipulation to that effect.
    Answer Applies to: California
    Replied: 5/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes.
    Answer Applies to: California
    Replied: 6/10/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Only if you can get a judge to sign such an order. For a judge to sign the order there will need to be a basis for a deviation.
    Answer Applies to: Washington
    Replied: 5/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    So long as the "custodial parent' isn't on financial aid, then yes. I strongly suggest any such agreement be in writing and signed off on by a judge. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/17/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Assuming the child's needs will be adequately met due to the financial resources of the custodial parent, and assuming the requisite language is included in the Stipulation and Order, yes, parents can agree to a non-guideline (zero) child support order.
    Answer Applies to: California
    Replied: 5/17/2011
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