Child support is financial contributions that help pay the child’s expenses until they reach the age of majority (often 18). The courts will mandate child support when the child’s parents divorce or separate. It is often paid to the parent who has primary custody or pays for the majority of the child’s needs.
Reasons Why a Parent Will Stop Paying Child Support
There are a number of reasons why a parent will no longer need to pay child support. The main three are:
- The child reaches the age of majority
- The child is emancipated
- The child support agreement needs to be modified
Age of Majority
Most states define the age of majority as 18 or graduating from high school, whichever comes first. In some states, the age of majority is 21, so be sure to research the age of majority for child support for your state.
When the child reaches the age of majority they no longer require child support because the law sees them as able to be financially independent. The child is able to make their own legal decisions, find their own accommodation, and be independent of their parents.
Emancipation
When a child becomes emancipated, it has the same result as reaching the age of majority. The child is seen as legally and financially independent from their parents. Therefore, the parent does not need to pay child support to the other parent.
Modification
When the circumstances of one or both parents change, then the child support agreement may need to be modified. It could result in child support payments being lowered or increased to adapt to the circumstances. The parents would have to attend court to have the child support legally modified. Some of the following events could trigger a modification:
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- Unemployment
- Change in marital status
- Injury or disability
- Demotion, fewer hours, or decreased wage
- Change in household income
When Should I Seek Modification or Cancellation of Child Support?
If the following circumstances occur, you should go to court and seek modification or cancellation of child support:
- Reconciliation – If you and your ex get back together, there is no reason to pay child support. There may be some circumstances you need to meet to show that the reconciliation is serious. The parent who requested child support is the one that has to file the case with family court.
- Change to the recipient’s financial situation – If the child support recipient changes their income through getting a job, receiving a promotion or pay rise, or even receives an inheritance, then the other parent can ask for the child support payments to be modified.
- Change to the payer’s financial situation – If the circumstances of the parent paying child support change, then the child support needs to be modified. The case would need to be filed with family courts for them to review the finances of both parents.
How to Legally Stop Paying Child Support
If you can legally stop paying child support for any of the above reasons, then you need to visit family court and request the paperwork. The clerk’s office at the courthouse will be able to help you with the correct forms and filing them once you have completed the paperwork.
Depending on the circumstances of the case, a court representative may speak to you about stopping child support. The law sees child support as necessary to ensure the child’s needs are met. If you or the other parent are receiving government benefits, then neither of you will be allowed to stop child support payments. Once the judge reviews your paperwork and any arguments you may have made, they will make a decision.
If the parent paying child support is experiencing financial difficulty, and the other parent is stable, they can make an informal agreement to return child support payments for a set period of time.