Q: Termination of Child Support Order
If I voluntary put myself on child support and haven't spoken nor seen my child over five years plus contact the other parent every week to speak to our child and she/he doesn't answer and just want to just collect child support payments without having to co-parenting; Am I able to terminate my child support order and just file for time sharing? Plus if I injured at work and now have to live with work restrictions for the rest of my life with doctor notes; How can that benefit me and be able to see my child?
A: You aren't able to just cancel a child support order once you petition the court for one. Only the court can dismiss an order of support and that typically happens when the child has aged out of child support, been adopted, or if it is determined you are not the biological father. You are not allowed to not pay support even if you don't have visitation. But if you want visitation, and the mother is not letting you see the child, there is a way for you to go through the courts to obtain visitation and legal rights to the child. You should speak directly with an attorney if you are looking to establish some form of custody or visitation.
A: No once a child support order is signed by a judge only the judge can dismiss the order. And there’s no law that allows you to dismiss your child support order because you don’t have visitation. If you want visitation then you petition the court to legitimize you and ask for the visitation and/or custody you want. But the child support order cannot be dismissed until the child is no longer eligible to receive support or is adopted.
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