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Stop Paying Child Support: The Secret you Need to Know

Alternatives to reduce or exempt child support payments

by Luis O., CFA, FRM
6 June, 2022 - Updated on 3 February, 2023
in Social Security
stop paying child support the secret you need to know

Child support is intended to protect children and ensure that both parents are involved in the upbringing and finances of their children. Divorces involving children are often more lengthy and complicated when addressing the issue of child support. Opposing paying an amount of money dictated by a judge can have serious consequences. In extreme cases, you could go to jail.

While the idea of defaulting on the payment is not on the table, you can walk on some other alternatives that allow you to reduce the percentage. If you are a parent going through a financial crisis and have fallen behind on your payments, a compensation court can lower your costs if you can prove that you really can’t afford to pay the set amount. Stop paying child support; these are the secrets you need to know.

Contents

  • How to Stop Child Support Payments?
    • Option One: Alternatives to avoid defaulting on your payments
    • Option two: Find a second job
    • Option Three: Request a hearing review
    • Option Four: Evidence for non-payment of alimony
  • Reasons why child support would stop
    • Death of the child
    • The beneficiary reaches the age of majority
    • Custody is in the hands of the payer
    • Emancipation of the child
    • Loss of parental rights
    • Parents return
    • The financial situation of the recipient changes

How to Stop Child Support Payments?

There are some reasons to stop paying child support. However, some alternatives allow you to reduce the amount or face the judge’s decision. Here we will teach you some secrets you should know to lower the monthly amount.

Option One: Alternatives to avoid defaulting on your payments

When you are having trouble paying child support, it is important to consider some alternatives to avoid defaulting. If you are experiencing difficult financial circumstances, you can petition the court to reduce your monthly contributions. 

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This process is handled differently depending on the state where you live, but the standard is to gather all the evidence that certifies your financial crisis. For example, bank statements, monthly records, or pay stubs. Submit all documents to the court and wait for the verdict. It is important to have enough evidence before you appear because, otherwise, the judges may infer that you are evading your responsibility.

Until you have a judgment from a judge, you are obligated to keep up your monthly payments.

Option two: Find a second job

Having a second job is an alternative when you cannot pay child support. Having two jobs reduces leisure time and allows you to save much more to invest in the really important payments. Also, you have greater financial insight that will enable you to prioritize.

Option Three: Request a hearing review

An alternative is to request a hearing review where assigned the amount to be paid. It would be best if you considered that the process might take about six months, depending on the case’s complexity. The method may take longer depending on how difficult it is to locate the other party and verify their assets and personal income.

Option Four: Evidence for non-payment of alimony

A final alternative is to bring to court evidence why you cannot pay the amount. These documents can be a pay cut, termination papers from work, or a serious health situation that prevents you from keeping up the payment.

You must show the judge that you have increased your expenses. If you are unsure about this step, consult with a lawyer specializing in the matter.

Check ➤  How to stop Child Support from taking from your 2021 Tax Refund?

Reasons why child support would stop

Although refusing to pay is a crime, there are five reasons child support would stop. If you fall into one of them, you can start the process. Here are the scenarios in which you can prevent child support.

Death of the child

This is an irrevocable reason to end monthly payments. Child support is intended to support the child’s upbringing financially; if the child dies, the process is completely canceled.

The beneficiary reaches the age of majority

When a citizen turns 18 years old, they are responsible for themself. The parents are not financially accountable before the law, and the monthly payment is cut off.

Custody is in the hands of the payer

Suppose, upon reassessment, physical custody is given to the parent. In that case, it will no longer be necessary for the parent to maintain the monthly payments because they will now have financial responsibility for the parent.

Emancipation of the child

If it is proven that the child has the financial means to support himself, he can apply for emancipation from his home and be emancipated from his parents. Upon this decision, approved by a judge, the father is no longer financially responsible for the child.

Loss of parental rights

If gaining custody of the child exempts him from paying child support, losing it has the same effect. Although this decision allows the financial responsibility to be discharged, it will exempt them from all rights related to the child, including making decisions about the child or seeing the child.

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The father can waive his parental rights if he wishes to do so. You must prove to the judge that you are unfit to be a parent or come to an agreement with your ex-spouse. 

Parents return

If both parents reconcile, there would no longer be grounds to pay child support. In this case, the party who initiated the lawsuit or separation must return to the children’s court and explain why they no longer need child support payments.

The financial situation of the recipient changes

If the child works or receives an inheritance, the parent may choose – depending on the case – to stop the monthly child support payments. If the court so rules, the father would not be obligated to maintain child support. Also, the mother could request a modification of the amount to be paid. After the court reviews the financial situation of both parties, it could choose to reduce or waive the payment. 

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