Asked 9/15/2011
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Child support What will happen when you request to close a child support case not to receive any more child Support payments. How long after the request does it take? Does the payments stop immediately? I was told by the exs wife I just have to call n they will stop it.. Don't have to sign no waiver or do a modification..I need advice! |
Answer 1/3 - Submitted 9/15/2011
Usually the parents just agree between themselves that support no longer is necessary, and that will end it. There should be something in writing, in case trouble ever arises in the future.
If the support is being paid through a state agency that collects the support and then passes it on to the other parent, then you'd have to be more formal, and go into court and explain why it's not necessary any longer, and have the court officially end it.
Answer 2/3 - Submitted 9/15/2011
So your saying just a verbal request over phone isn't going to be sufficient enough..I'm being told other wise..all I have to do is call a number n explain to them my kids have been with there dad since march..
All I have to tell them to close the child support case.. To keep from doing a modification n from the ex signing a waiver.. Doesn't this have to be put in writing.. Cause him paying child support is court order..
There saying it will keep us from having to go to court.. If I want to reopen it then I'll have to go to court..
So confused... Don't know any thing about this legal stuff.. I don't have money for a good lawyer either..
Just trying to get my life together...
Answer 3/3 - Submitted 9/15/2011
The court order can only be modified by the court. No one at the child support office has the authority to suspend a child support order.
If you've had a change in custody and you both agree with this, you simply need to go back to court to redo your parenting plan so you can secure visitaion time, change custody and modify the child support order.
Keep in mind, the child has a right to support from both parents. The court very well may order you to pay support to the other parent, it's the child's right and you two really don't have the right to trump that. Some states may allow you to simply forfeit it, but not all.
If you both just want to do this without the court's involvement, and his support is currently garnished, simply write him a check back. He's still taking care of his court ordered payments, and you're simply giving him a gift.
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