Q: If both parties on child support order deicied they want court order terminated what do they have too do?
I have 3 kids all in one court order oldest be 19 this year 18 year old lives with me and 16 year old lives with her
A:
There are different ways to terminate child support, depending on the reason.
Child support automatically terminates when a child reaches the age of 18, unless they are in school full time or some other exception in the statute applies. If that is the case - there is nothing further you need to do for the 18 and 19-year-old. If child support is being taken out of your paycheck via wage withholding, you may need to file an amended income withholding order to get the amount withheld adjusted to what it should be for 1 child. You will want to do that ASAP.
For the 16-year-old - or if either of the other two children are still entitled to child support because they are still in school full time or for some other reason - you will need to file a Motion to Modify. If you and their mother agree to modify the child support order to $0, you still have to file a formal request to modify the current order but it can be a smooth process.
A court order is required to change an existing court order for child support and the court order cannot be applied retroactively (i.e. back dated). So I would encourage you to find an attorney in your area and have them file a motion to modify immediately to stop future child support from incurring sooner. I have had clients that waited months or years and then were saddened to hear that a modification of child support doesn't date back to when the living arrangements change, but instead it dates back to when the request for the change is actually filed or when the other parent is served. Some courts won't date them back until certain financial statements are filed in court. The rules that apply to you are going to be specific to the court you need to file in.
The timing of all of this can get tricky! I would highly encourage you to consult with an attorney that handles these in your area.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
