Terminating Child Support Lawyers
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What Is Child Support?
Child support is periodic payments made to the custodial parent by the non-custodial parent. Payments are meant to provide financial support and care for a child. Child support typically covers food, housing, clothing, education costs, medical, and any other expense related for childcare. Each state has a different support model, but the most common are the following:
- Income Shares Model
- Percentage of Income Model
- Melson Formula Model
Child support may affect the following:
- Divorced parents
- Unmarried parents
- Adoptive parents
How Can I Terminate Child Support?
Normally, child support comes to an end if the:
- Child has reached the age of majority (usually 18 or 21)
- Child goes on active military duty
- Child has been adopted by another person
- Parents terminate their parental rights and responsibilities
- Child is emancipated
- Child dies
- Child lives with the parents
Child support is officially terminated once a motion has been made and approved by a court. These conditions are very clear so usually the proceedings move very quickly, unlike child support modification.
Can I Modify My Child Support Order Instead of Terminating It?
Yes, you may modify your child support order if a major life event has occurred. The most common reasons for modifying a child support order are:
- Job or income loss
- The paying parent has a change in marital status
- The paying parent suffers an injury
A modification to the child support order may increase or decrease the payments and must be judicially.
May I Terminate Child Support If I Think It Is Unfair?
No, ending child support without a court's approval is very dangerous and could lead to a great deal of trouble with your ex-spouse, courts, and possibly even the police. If you think your child support amount is unfair, consult a family attorney about modifying your support agreement.
For example, it may be possible to lower child support payments if the court approves of it. A court may allow the paying party to reduce child support payments, but only after considering all the different factors. Remember, the court will choose the option that serves the child’s best interests.
May I Terminate Child Support If My Ex-Spouse Keeps My Kids Away From Me?
No, child support and child custody are two separate issues. Withholding child support payments because you are being denied visitation rights is another dangerous move. Parents that fail or refuse to pay child support may face legal and criminal penalties or fines. You should always seek help from the court or your attorney before acting on your own.
What Penalties Can I Face If I Wrongfully Terminate Child Support?
Failing to pay or terminating child support without a court judgment may result in a variety of penalties for the paying parent. The following are common penalties:
- Criminal or civil warrants may be issued against you
- Your driver’s license may be revoked or suspended
- Liens may be placed on your real property
- Your wages or other sources of income may be garnished
- Government benefits or tax refunds may be denied
- Your credit score may be lowered
Should I Get an Attorney to Help Terminate Child Support?
Yes. Terminating child support is often complicated and time-consuming. A child support attorney can evaluate your situation and help you determine whether you are able to end child support. If you are able to stop child support, a lawyer will help you file all the required court documents and make sure your interests are protected.
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Last Modified: 02-14-2017 04:04 PM PST
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