How can I remove obligations to pay child support? 20 Answers as of January 09, 2012Is there a way to remove obligations to pay child support other than another person adopting the child? What ways can teenagers be forced to follow parenting plans when they decide they don't like something at one parent's house and want to stay at the others? Especially considering the other parent is telling the teenagers they don't have to follow the order?
The Law Offices of Seth D. Schraier | Seth D. Schraier
There are a few easy, but uncontrollable ways to remove obligations to pay child support, which include: 1) Your child reaching the age of 21. 2) Remarriage of the parent with physical custody of the child. 3) Significant change in income of the parent responsible for paying child support. That said, in New York State, the minimum you are required to pay for your child, regardless of your income or acts of the parent with physical custody, is $25.00 a month. This remains in effect until the child reaches the age of 21.
Answer Applies to: New York
R. Mark Rose Attorney at Law | R. Mark Rose
You cannot stop paying court ordered support if your are the parent unless there is an adoption. As far as the other parenting question I suggest you contact an attorney to discuss your chances of modifying the parenting arrangement in court.
Answer Applies to: California
Bruning & Associates, PC | Kevin Bruning
Child support can be terminated in limited circumstances. For example, a severely disabled parent might not be required to pay child support. Child support may also terminate if a parent surrenders parental rights in favor of one who seeks to adopt the child. The law does provide that a child can be forced to visit with the non-custodial parent. A recent Illinois case prohibited a biological father from having visitation with his child because visitation was not in the best interest of the child. Further, proceedings to force visitation are often very lengthy preventing visitation as a practical matter for long periods of time. Sometimes, counseling with the child is a better option.
Answer Applies to: Illinois
John E. Kirchner, Attorney at Law | John Kirchner
You need to return to court and have the court modify child support, IF there is a legal justification for that. Generally, however, adoption by someone else is the only basis to terminate child support obligation before the child is emancipated (age 19 in Colo). Teenagers who refuse to comply with a judge's order can be held in contempt just like anyone else. But, you need to bring the problem to the court's attention so that the judge can determine whether the other parent is contributing to the contempt or if some other remedy is necessary.
Answer Applies to: Colorado
Law Office of Cassandra Savoy | Cassandra Savoy
Two things come to mind. First, each parent has an obligation not to say negative things about the other such that the children are influenced. Second, the courts are somewhat lax about enforcing parenting plans with teens.
Answer Applies to: New Jersey
Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
Teenagers are tough to make do anything they want you to do. If the other parent is alienating the child, your remedy is to go back to court with a modification action. There is, however, no connection between your possessory rights and your obligation to pay chil support. The law could not be clearer in that regard.
Answer Applies to: Texas
Law Office of James Lentz | James Lentz
For good cause, like a lost job, child support obligations can be modified either temporarily or permanently. If a parent is permitting a child to do something which violates the parenting plan, a show cause order against the parent would be the cure. Please see a domestic relations attorney for more information.
Answer Applies to: Ohio
Diefer Law Group, P.C. | Abel Fernandez
There is no way to remove child support unless the person who pays has no income, the child is adopted, or the other parent has so much income that there would be no support. If the child does not want to go to one parents home, then it will depend on the age of the child. If this child is a teen around 15 or so, it might be really hard to get them to visit.
Answer Applies to: California
Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
Obligations to pay child support can only be removed by filing for a modification with the court. If the Court ordered something, only the Court can change its own order. Generally, there must be a change in circumstances for a Court to agree to modify a child support order.
Answer Applies to: Maryland
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
Looks like 2 quit different question topics. (1) The parent entitled to receive support can stop accepting payment. If the Order is in the state system for Support Enforcement, a document can be submitted removing enforcement from the state system. However, a court will NOT simply vacate a support order eliminating the payment obligation without a justifiable legal basis. (2) File a Motion for Contempt against the other parent. A parent who encourages/empowers the child violate the court ordered Parenting Plan can and will be held in contempt by Washington judges.
Answer Applies to: Washington
Law Office of William L Spern | William Spern
In Michigan, child support is a permanent obligation even if your parental rights are terminated. The issue regarding the teenager should be brought to the courts attention by way of a Petition seeking to hold the other parent in contempt of the courts order.
Answer Applies to: Michigan
The Law Offices of Jill Puertas LLC | Jill Puertas
The termination of the obligation to pay child support is done by filing a Petition to Modify with the court. Child support automatically terminates upon the age of 18 if the child is not enrolled in secondary education and also terminates upon adoption or termination of parental rights. Child support can by modified for various reasons, including, but not limited to, "a substantial and continuing change in circumstances", such as loss of employment or changes in actual physical custody (more/less time). With regard to getting teens to follow the parenting plan, you can take the parent that is not following the rules to court for Contempt. Your parenting plan is a court order and requires parents to implement and comply therewith or else be punished by fine, imprisonment, etc.
Answer Applies to: Missouri