How can I get child support stopped? 26 Answers as of January 12, 2011

I want to stop my child support. Is there a way to legally do this?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
There is certainly a way to terminate child support payments, and various circumstances which would justify such a termination. You must file and serve an Order to Show Cause (OSC; Forms FL-300 and FL-310, and a blank FL-320 to the child's other parent) and appear in Court at a Hearing to modify or terminate child support.
Answer Applies to: California
Replied: 1/12/2011
Law Office of Tim W. Avery
Law Office of Tim W. Avery | Tim W. Avery
This a very broad question. Unless you are now in primary possession of the children, you will be obligated to pay child support even if you are unemployed. If your income has decreased since the order of child support was signed and you are not intentionally unemployed or underemployed, then you can file a motion to modify to decrease your child support obligation. However, even if you are unemployed, you will still be presumed to make at least minimum wage and the child support obligation can be modified to be based on minimum wage if you show you have made a diligent effort to secure employment.
Answer Applies to: Texas
Replied: 1/12/2011
Saddleback Law Center
Saddleback Law Center | Paris Kalor
Has your child reached the age of majority? If not, do you have significant visitation and timeshare? Has the other parties income increased or yours decreased? It depends on many factors.
Answer Applies to: California
Replied: 1/7/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
There must be some factual basis which under statute would support a termination of support.
Answer Applies to: Minnesota
Replied: 1/5/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes consult an attorney to help with the paperwork or go to self help at the Courthouse for assistance.
Answer Applies to: Florida
Replied: 1/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You can't stop child support just because you "want to". You will need to establish an acceptable reason as to why you should no longer have a duty to provide financial support. Acceptable reasons are pretty much limited to the existence of facts that result in the child or children being emancipated. Emancipation results from the child attaining age 19 (unless he/she is disabled), getting married or joining the armed forces, or becoming financially independent. Adoption by someone else will also automatically terminate the duty to provide support. In Colorado if there is only one child, upon attaining age 19, your duty stops without further action (but if support is being automatically collected from your wages it may be necessary to get a court order to stop that). In all other cases, you need to ask the court (by filing a motion) to find that emancipation has occurred and to issue an order terminating child support. If there is more than one child, the fact that one turns 19 does not automatically terminate the child support and it is necessary to file a motion with the court to re-calculate the child support based on the number of remaining minor children. Until that new order is obtained, you will continue to owe the same amount that was required before the one child turned 19. Except for cases where there is one child and that child turns 19, the child support cannot be modified (or terminated) retroactively to a date before you file your motion with the court so it is important to file your motion for modification as soon as you believe it is justified.
    Answer Applies to: Colorado
    Replied: 1/5/2011
    Law firm of Cody & Gonillo, LLP
    Law firm of Cody & Gonillo, LLP | Christopher M. Cody
    Child support may be modified based upon a substantial and verifiable change of the payer's circumstances. It depends on both parties circumstances and finances, and on what is contained in and contemplated by the original divorce judgment. Modification is not the same as "stopping" child support. A child support obligation will likely continue in some measure until the child or children are of age, or unless your parental rights are terminated either voluntarily or involuntarily.
    Answer Applies to: Connecticut
    Replied: 1/5/2011
    Bloom Gates Sigler & Whiteleather, LLP
    Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
    It depends on your circumstances, but to start the process of stopping or modifying child support, you need to file a motion to modify child support.
    Answer Applies to: Indiana
    Replied: 1/5/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    To stop child support, you must file a request with the court to terminate child support, but you must also have a legally sufficient grounds for doing so. A change in economic circumstances or custody may allow for a modification or termination of child support. For more specific information, I would need to know more about the facts of your case. Feel free to contact our office to discuss your matter.
    Answer Applies to: California
    Replied: 1/5/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In the State of Oregon, child support will not end until the child is 18 years of age, or is 21 and attending school and maintaining a C average. If your financial circumstances have changed dramatically, you may move the court for an order to show cause why your child support payments should not stop, or should not be reduced.
    Answer Applies to: Oregon
    Replied: 1/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It is not clear from the question whether you are the one who pays the support or the one who receives it; but in either event I will assume that the amount of the support currently being paid is in accordance with the presumptive amount set forth in the CT Child Support Guidelines. If so, there would have to be one or more deviation criteria (that are set by regulation) that you must have to show that the presumptive amount of support that is now paid is inequitable or inappropriate under the circumstances. If you wish to provide further details feel free to contact me. Best of luck.
    Answer Applies to: Connecticut
    Replied: 1/5/2011
    Keri Burnstein, P.C.
    Keri Burnstein, P.C. | Keri Burnstein
    You need to file a motion with the Court.
    Answer Applies to: Michigan
    Replied: 1/5/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    A parent's ongoing child support obligation generally can be stopped if (1) you take custody of the child that is subject of the order and don't owe substantial arrears; (2) both parties agree to an order stopping child support; or (3) the child reaches the age of 18 and is no longer enrolled in high school, or reaches the age of 19 while still enrolled. For the first two of these, a court order is needed and the agreement of the other parent makes things a lot easier.

    If you are receiving child support and want it to stop, option 2 would likely be the solution.

    Even with an agreement to waive child support, there are circumstances when some payment may still be required by a court.
    Answer Applies to: Ohio
    Replied: 1/5/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    There are a few ways to do this if you have sufficient grounds.

    If the child(ren) are over 18 and done with high school it should stop but you may need to terminate a Income Withholding Order.

    If the child is not over 18, than all you can do is set the child support based on the state calculator. You will need to file an Order to Show Cause and submit your Income and Expense Declaration to determine what is the proper amount owed. Call an attorney before you do anything with the court.
    Answer Applies to: California
    Replied: 1/5/2011
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    If your time for payment of child support is over, you can find documents on the Maricopa county website to prepare and file. The court also has a self help center with computer to assist as well.
    Answer Applies to: Arizona
    Replied: 1/5/2011
    Froerer and Miles, P.C.
    Froerer and Miles, P.C. | Robert L Froerer
    It would be a rare case that you could just "stop" paying child support, unless the child now lives with you or someone other than the other parent. I'd be happy to further discuss this with you. Call for a free telephone consultation.
    Answer Applies to: Utah
    Replied: 1/5/2011
    The Law Office of David J. Reed, LLC
    The Law Office of David J. Reed, LLC | David J. Reed
    Your child support is likely court ordered, unless the conditions of the support, namely the child has reached the age of majority in your state, the support cannot be stopped.
    Answer Applies to: Nebraska
    Replied: 1/5/2011
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    It is difficult to answer this question without a lot more detail. First of all, if you are the one receiving child support, the answer is likely no, because child support is the right of the child, not your right (and you cannot waive someone else's rights). If you are the one paying child support, the answer is it depends. If it has been a while since the last child support order was entered, and you have a valid change in circumstances (such as loss of a job, disability, etc.), it may be possible to have your child support reduced, but it is very unlikely that it will be eliminated entirely. If, on the other hand, you believe the child should be emancipated, then child support would stop entirely. It is important for you to know, however, that in New Jersey children are not automatically emancipated at the age of 18. The child could be emancipated at 18 if they had a full time job, were not attending college or trade school, etc., but it is not automatic. Other emancipation events could include things such as the child's marriage, the child entering the armed forces or the child graduating from college or other post-high school education. I recommend that you speak with an attorney licensed in the state where the child support order was entered in order to more fully understand what rights you may have.
    Answer Applies to: New Jersey
    Replied: 1/5/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    In New Jersey, a person usually has to file a formal application, known as a motion, with the Court to have child support terminated or modified. The Judges are usually very protective of the child's financial security. If there is a standing court order compelling you to pay child support then you usually need to tell the Judge all the reasons why the child support should be stopped, and the recipient is given a chance to oppose the motion is she feels that there are
    appropriate reasons for it to continue, and then the Judge makes a decision. If you don't file for a court order to terminate or modify an existing court order then the order remains in effect and the obligations in that order also continue to apply so its usually a very good idea to consult with a lawyer about getting the standing order terminated modified or terminated.
    Answer Applies to: New Jersey
    Replied: 1/5/2011
    The Connelly Firm P.C.
    The Connelly Firm P.C. | Thomas Connelly
    If the child is still under eighteen years old and/or still in high school, you would need to file a petition to modify the support arrangement due to "changed circumstances."
    Answer Applies to: Pennsylvania
    Replied: 1/5/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If you are the receiving party, I can't imagine why you would want child support stopped, but if you want it stopped, you could enter into a Stipulation and Order modifying child support, containing Family Code Section 4065 language.

    If you are the paying party, unless the payee would enter into such a Stipulation and Order addressed above, you would need to have a material change of circumstances, such as being laid off,a disabling injury or condition, or something else of relevant significance, to justify a Court modifying your child support obligation. If you have suffered such a material change of circumstances, waste no time in preparing an Order to Show Cause and appropriate supporting Declaration, with an Income and Expense Declaration, clearly reflecting that material change of circumstances, and file and serve it. You cannot get a modification retroactive to a date earlier than the date you file that Order to Show Cause, and some judicial officers may make the retroactivity the date of service of the Order to Show Cause, or the date of the next payment due after such service, or just make the new Order effective the date of the next payment due after the hearing.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Of course, there is a way; you file a motion to terminate the support with the court that ordered it, but you had better have a legally justifiable reason.
    Answer Applies to: Virginia
    Replied: 1/4/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you need to file a motion to modify child support. To modify, there has to be a reason, such as there has been a change in a parent's timeshare with the child, or there has been a change in the income of one or both parties. You should call a local family law lawyer to discuss the facts in your case to determine whether a change in child support is warranted.
    Answer Applies to: California
    Replied: 1/4/2011
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