How to stop paying child support?

Question

My cousin is paying child support in Illinois for a child who he found out was his when the child was 5. The mother gets medical assistance, food stamps and she is on section 8. In addition to my cousin paying child support, he is supporting the child as well (clothing, food, camp, school supplies etc). Of course he should contribute to his child, but isn't this double paying? The mother said she doesn't get the support payments (I guess it goes to the state?). How can he get off of child support? Why isn't she receiving the money?

He doesn't have to pay back to birth due to the question of paternity. The money is taken out of his check each month, so he is paying.

Answer 1

i think she is probably lying. A portion of child support payments go to the stae to help make up costs for her being on assistance programs. But most of the money goes to her. The only way he can stop paying child support is if she goes off of all public assistance and calls the child support recovery office to stop the payments. She has to do both of those things. AS long as she is on public assistance he will be required to pay support to her. At least in Minnesota that is the way it goes.

Answer 2

He can not just stop paying child support. On his court order, it should say exactly when he can stop paying - when the child turns 18, or when the child finishes high school, the case may be different from state to state. As for paying for other things, your friend is choosing to do that. He is only obligated to make his child support payments, nothing more and nothing less. If the mother of his child is receiving government assistance, it is entirely possible that she's not get the child support. It is probably being used to reimburse the state for the taxpayer dollars that are being spent on her.

Answer 3

I would pay the state and not her so there is a record of the payment. Also it doesn't matter that she is a s**t for brains and can't support herself with a job and housing by herself. The government looks at it like this. If you mother/father a child and the child doesn't live with you. Then you have to pay child support. It really should be 50/50 The child live with her 50 percent of the time and him 50 percent of the time. The reason why it isn't like that is because of the tender years doctrine. Our government believes that because she is the mother the children need to be with her most of the time which is false. In almost any divorce or custody court you go to they are prejudice toward the fathers. It's the truth and it hurts the fathers and the children.

Answer 4

He will never get out of child support, unless he gets custody of the child or lives with the child and mother. As far as him buying extra: clothing, food, camp, school supplies, etc, that is by his choice. He is only obligated to pay the child support and the mother is probably lying about getting the payments. He can talk with the child support office directly and make sure that she is getting the payments. I would be willing to bet that she does receive the money.

Answer 5

The mother is not receiving the child support payments because she is receiving state aid. State aid is available to help unfortunate people out. It's not intended to live off of. The mom needs to get herself a job. Once she has some income coming in, she'll stop receiving a monthly alotment from the state and will begin receiving her child support payments. I know this is frustrating, but instead of finding out how the dad can stop paying child support (it's not possible by the way, unless he's proven not to be the father), you should try seeking the legal avenues he has available to obtain placement of this child. The mother obviously has issues and it appears the father is more than willing to step up to the plate. I think it might be in his best interests and the interests of the child if he were to raise him. At least he seems to know what he's doing.

Answer 6

He can not get off child support. If he is paying the state this child support then the mother is getting her money.

State food stamps, medical assistance and etc are supported by all the tax payers. This is not double paying. He at present is paying back the state for the 5 years he owed and they paid for his child. Tax payers want the money back. They paid support for 5 years and it is not even their child.

He has to pay until a certain age per the state if he doesn't pay he will go to jail.

Answer 7

The mother IS receiving the payments. He pays the court or whomever is accepting or pulling his support from his checks and they cut her a check each month. He is only required to do this and nothing more. She is feeding him a line of BS.....

He HAS to support his child financially and it sounds as if he is doing so. It is HER responsiblity to ensure that money is used to purchase clothing, etc... (utilities, rent, etc..) for the child.
Obviously she is just as responsible financially to share in that care.
Sounds like your cousin loves his child very much and can certainly go above and beyond his legal financial child support obligation. It also sounds as though the childs mother is a lazy azz......

Child support and Visitation btw are two separate issues. Even if he is behind on his support obligation, she is NEVER allowed to withold his child from him. Let him know that because I've seen too many mothers tell fathers that they must "pay up" or not be able to see their child. NOT COOL....

Answer 8

Hi
Your cuz could always fight for custody of this child. Then he would be supporting the child in his own home.There is no way to get out of paying support. You create a child that is a responsibility and then that child deserves to be raised in the same manner as if you were still in its life.You can have a court order through family court stating what exactly is to be paid by which parent.Its really hard when you are not together but its not the babies fault

Answer 9

There is no way to stop paying the support. However if he pays this support that is all he has to do by law. He doesn't "have" to give the child anything else i.e. clothes, food, toyss
He has to go to the local Department of Revenue Child cupport office and ask for a printout. IF he's sending her cash he's a fool, if he is sending personal checks he should check with his bank to see they are cashed and if he send money orders he should keep the stubs and call to see they are cashed. Its best to pay through the state that way she can't recieve any extra assistance unless she really qualifies for it.

Answer 10

Does the mother work? I am guessing she is disabled. He is required to pay child support, when he pays that it does not also obligate him to pay other money. If he choses his to, that is his choice solely. He needs to check with an attorney or with a judge about what she isn't getting her payments.