QUESTION

How can I get child support stopped?

Asked on Jan 04th, 2011 on Child Custody - New Hampshire
More details to this question:
I want to stop my child support. Is there a way to legally do this?
Report Abuse

9 ANSWERS

Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
Update Your Profile
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.
Answered on Jan 12th, 2011 at 6:13 PM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
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.
Answered on Jan 05th, 2011 at 2:43 PM

Report Abuse
Family Law Attorney serving West Bloomfield, MI at Keri Burnstein, P.C.
Update Your Profile
You need to file a motion with the Court.
Answered on Jan 05th, 2011 at 10:28 AM

Report Abuse
Employment & Labor Attorney serving Oregon, OH at Rice & Co.
Update Your Profile
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.
Answered on Jan 05th, 2011 at 9:43 AM

Report Abuse
Family Law Attorney serving San Diego, CA
1 Award
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.
Answered on Jan 05th, 2011 at 9:28 AM

Report Abuse
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.
Answered on Jan 05th, 2011 at 6:58 AM

Report Abuse
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.
Answered on Jan 05th, 2011 at 5:13 AM

Report Abuse
Thomas Patrick 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."
Answered on Jan 05th, 2011 at 3:58 AM

Report Abuse
Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
Update Your Profile
That depends on the circumstances and age of the children.
Answered on Jan 04th, 2011 at 6:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters