On Behalf of The Law Offices of Ronda A. Middleton |
There are many reasons why a custodial parent might want to stop receiving child support. One could be that the couple has reconciled and are now living together again. However, since child support is usually court-ordered, it may be necessary to take the case back to family court for modification. A court clerk can supply the required documentation for parties to file with the court system. When the case is heard, a judge may or may not be inclined to grant the request depending on the circumstances.
The courts typically consider first and foremost the best interests of the child when it comes to child support issues. Therefore, parents wanting to stop support payments must have a legitimate reason to do so because children have a right to parental financial support until they are of legal age.
Child support modification might be an option if one of the parents experiences a significant increase in their financial situation. The court may choose to honor a request to stop child support payments if it can be established that the child will receive adequate support from one parent. However, if a custodial parent receives government assistance for living expenses, a non-custodial parent will likely not be allowed to just stop paying child support.
It is important for parents on both sides of a child support issue to maintain good financial records, including any receipts for expenditures intended solely for the child. A judge may want to examine the financial records of both parents to determine whether to allow formal child support to stop.
The laws concerning child support can be complicated, and many different factors will contribute to presenting a clear picture to the court. It may be wise for parents seeking a child support order modification to have the assistance of an attorney.
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