Child support ensures that both parents take care of the child and will not stop paying for the child’s needs.
Hence, children can get financial help from their parents until they become adults.
When parents with kids get divorced, one has to pay child support which the court determines.
Even though not paying the money isn’t an option, there are ways to pay less or stop paying child support.
Remember, it’s not a good idea to stop paying the money for child support because the child is an innocent character in why you and your spouse split.
But if a parent doesn’t have enough money or feels the child support imposed is unfair, this article will reveal several ways to stop paying them.
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How to Stop Paying Child Support
Child support aims to provide a child with a similar quality of life they would have experienced if their parents were together.
This financial assistance is applicable when parents are separated, never lived together, or are undergoing a divorce, marriage dissolution, annulment, or paternity cases. Usually, it’s paid to the parent who has primary custody of the children.
Child support differs from alimony, which is meant to support a former spouse.
While the receiving parent may gain financial support from child payments, the primary purpose is to aid the well-being of the children who no longer reside with you.
Once established, child support payments can only be changed through a court order.
Hence, not wanting to pay the money can result in severe consequences like going to jail.
Here are some ways to pay less or avoid paying the child support imposed:
1. Declaration of Financial Hardship
If you’re going through tough financial times, you can ask the court to lower the monthly money you must pay.
The way this works can differ depending on where you live, but you need to gather proof showing you’re going through a financial crisis.
This proof could include things like bank statements, records of your monthly expenses, or your pay stubs.
Once you have all these documents, give them to the court and await a decision.
It’s essential to have enough evidence ready before you go to court because if you don’t, the judge might think you’re trying to avoid your responsibility.
However, you must keep making regular monthly payments while waiting for the judge’s decision. You can only stop paying once the judge says it’s okay.
2. Reconcile With Your Ex
If the parents get back together and decide on this, it wouldn’t be unreasonable for one parent to stop getting child support money.
But if that’s the case, the parent who first asked for child support would need to go back to the family court and explain why they want to stop getting the payments.
3. Benevolence of Your Ex-partner
If the person that filed for child support considered letting go of the child support to assist their former partner’s financial situation, they can stop paying or get lower child support payments.
However, this only happens occasionally. Former spouses could request a child support modification through the legal system.
The courts would then review all the financial details and decide on the modification.
4. If Your Ex-partner Remarries
Generally, remarriage doesn’t affect child support as the responsibility lies with the parents, not the new spouse.
However, issues can arise when your partner marries someone wealthy. The court might not lower child support despite your partner’s improved financial situation.
But, the situation changes if your ex-spouse’s new partner adopts the child. They then become responsible for the child, relieving the biological parent from paying child support.
Although adoption affects child support, it also severs the biological parent’s legal rights and visitation privileges.
5. Petition the Court to End Payments
Submit a formal request to end support. Occasionally, the court will end a parent’s duty to provide support, but this only occurs in specific situations:
A. No income
Many states will approve a non-custodial parent’s appeal to temporarily halt child support payments if they’ve lost their job or are disabled and applying for disability benefits.
B. Incarceration
Some states may temporarily pause payments during incarceration, while others may not.
C. Child comes of age
In most states, a parent can cease payments when the child reaches legal adulthood (usually 18). Yet, in certain states, payments might be required until the child turns 21.
D. Child’s passing
Even if the child passes away, you must formally request the court to end payments. It’s not acceptable to halt payments independently.
6. Get Custody of the Child
Another method to stop paying child support is obtaining custody of the child. If you request custody, the court will assess various aspects to determine the most beneficial for the child.
These factors will vary according to state laws and can be found in a statute enacted by the legislature or in a court decision issued by your state’s highest court.
Generally, the courts will evaluate the ability to provide food and shelter, the child’s relationships with each parent and sibling, and the mental and physical well-being of all parties involved.
To identify the specific factors relevant to your state, conduct an online search using the phrase “best interests of the child” followed by the name of your state.
7. Get a Good Lawyer
A skilled lawyer can assist you in planning how to reduce your child support payments.
They might also possess specialized knowledge about local judges and their preferences when evaluating changes in child support.
You can explore your state’s bar association website to locate a proficient family law attorney.
8. Give up Your Parental Rights
One way to avoid or stop paying child support is to relinquish your right as a parent to the child.
You can place your child up for adoption, permit the spouse of the other parent to adopt them, contest that they are yours, or abandon them.
Granting consent for adoption will end your child support obligation and terminate your parental rights.
Also, if you have doubts about being the child’s biological parent, you could contest your parentage to avoid a support order. This usually involves undergoing a DNA test.
In some states, deliberately abandoning a child for six months to a year can lead to termination of parental rights.
But, ensure the child is under the custodial parent’s care if you are the non-custodial parent if you plan to abscond.
Additionally, check your state’s laws to see if they allow termination of parental rights and whether child support obligations are also terminated.
Even if parental rights are terminated, support obligations might remain.
Remember, abandoning your child carries risks, as the state can still enforce wage garnishment and take legal action for non-payment of child support.
Understanding the legal consequences and seeking legal advice before making such decisions is essential.
Also giving up parental rights also means surrendering your authority in the child’s upbringing.
You could potentially lose legal rights to see the child, even though the child’s parents may allow visitation if they choose to.
If I Get Married Again, Does It Affect the Money I Give for My Child’s Care?
When you get married again, only your income and your partner’s income count in deciding how much child support you should pay. The new partner’s money doesn’t count.
However, the court might reconsider the child’s support based on specific circumstances, like changes in finances or adoption.
Can I Stop My Child Support From Going Up?
If things change, the court might increase or decrease child support. If things are different now, you can ask the court to change the child support order.
The court can consider whether you make more money or lose your job. They will decide if the child support should go up or down.
Remember, the court has to make the new order official. Just talking to the other parent is not enough.
Talk to a lawyer to ensure you don’t pay too much. You have to show the court why things should change.
When changing child support, the court looks at what’s best for the child. They think about how the child is physically and mentally and what they need.
Does Child Support Stop By Itself?
No, you have to tell the court if you want to stop child support. Usually, child support ends when the child grows up, gets married, or leaves for college.
But sometimes, if the child still lives with a parent or is disabled, it might continue even after they turn 18.
How Can I Get Rid of the Money I Owe for Child Support?
Owing money for child support is called arrears. If you didn’t pay some child support, you owe arrears to the other parent. You can ask the police or government for help to get the money.
Every state has special people to make sure child support is paid. They help collect unpaid child support. These rules are different depending on where you live.
You might need a family lawyer to help you ask the court to remove the money you owe.
Sometimes, if you can’t pay because you lost your job, the court might forgive some or all of the money. But both parents have to agree.
When you and the other parent agree, the court can decide to forgive the money you owe for child support.
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Conclusion
Stopping child support is a matter that involves legal considerations and careful decision-making.
Whether through adoption, changes in circumstances, or seeking modifications, understanding the legal processes and implications is crucial.
It is important to remember that child support is primarily about ensuring the child’s well-being and any decisions should prioritize their needs and best interests.
Seek professional advice from a lawyer and follow the appropriate legal channels to help navigate the complexities of stopping child support while upholding the child’s welfare and legal obligations.
