Q: My son has been living with me for over a year. How do i stop child support?
Mobile, Al
My ex wife has custody of our 13 year old son, but he's been living with me for over a year because of her job. She doesn't want me to pay child support anymore since I'm supporting him full time. I've called the courts and they say I need a hand written letter stating why I think I shouldn't pay child support anymore and the filing fee is $311. I've also recently lost my job, so I can't just spend $311. Do I have any other options?
A: Hello, what you would need to file is a modification petition. Typically there is a filing fee paid, but you could also file an Affidavit of Substantial Hardship in hopes of having the filing fee waived. Judge's make that determination within his/her discretion. Whether you file for modification or draft a settlement agreement, the filing fee would have to be paid either by you or waived because of the affidavit of substantial hardship being granted. I would seek counsel in your area so they can draft the proper forms and petition for you. I am sorry to hear you lost your job and I wish you the best of luck.
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