Determining child support is one of the most complex and confusing situations for most parents. After separation, a good level of maturity and acceptance is necessary to find the best options for the children.
In almost all separation cases, a court process is initiated to impose the monthly child support paid by the noncustodial parent. Over time, they may decide to stop the monthly payments; however, according to the law, the decision is not so simple.
Both parents decide to stop paying child support; now, what happens?
There are two scenarios; one is when there is no court order, and the parents come up with a monthly amount to make the child support payments. The other is when the parents have a court order.
Those cases are not as simple as you expect because you must file the notice and wait for the court’s response. You cannot stop payment until you get a response from the government entities.
If payments are stopped before then, you could face penalties. Even if both parties agree, the court can suspend the payer’s driver’s license, order jail time, or intercept tax refunds.
Avoid making verbal agreements without a record of the procedures you decided upon. The custodial parent may change their mind and report the delinquent payments, and the court will proceed with appropriate sanctions.
What is the process to stop paying if both parents have decided to do so?
The first thing to do is to ask the court to review your case. To complete this, you must file a stipulation to modify child support.
This request indicates to the court that both parents have reached a prudent agreement regarding child support. When filing the stipulation, there should be a detailed explanation for eliminating monthly child support.
When you file it, you will have to wait for the judge to review it to see if it is the best decision for the child or not. It may take a few days, but the child support will end when you get approval.
Depending on where the proceeding takes place, the judge may need additional information to proceed with the case. It is important to remember that everyone is looking out for the child’s best interest. Some judges ask for financial affidavits and a child support worksheet to ensure it will not affect the child’s needs.
Can a single parent decide to stop paying?
In many instances, the parent in charge of child support may try to remove themselves from responsibility for payment. If there is no order, it is difficult to pressure him to continue meeting his obligation.
However, when there is a court order with the amount to be paid, the custodial parent can go to court and report the missed payments. The sanctions begin when the corresponding investigations are made, and it is determined that they have not complied with the obligation.
The first thing will be a summons to determine why the payment has not been deposited into the payee’s account. Based on the statements, we will consider a modification of support or other action.
Reasons for parents deciding to stop child support
One of the constant questions many people have is the reasons why parents choose to stop child support after filing for a court order. Occasionally, it is because they have rejoined as a couple, and demand is no longer necessary.
Reconciliation of the parents is the most common reason, and it may be simpler to eliminate the order before the judge. Another reason is a change in child support; for example, even though separated, they will share housing, and both will be responsible for parenting.
It may also be because the parent responsible for child support has changed the custodial parent’s assets. In any case, the decision should be made jointly and assure the judge that it will not harm the child.