How do we stop Child Support Payments?

Question

My husband and I decided to move my 4 year old step-daughter in with us she has been living with us since January '07. We moved her in because her mother refused to put her in school and her mother has a total of 6 kids living in a two bedroom apartment ( with her "fiance"). Her mother is also a professional public aid recepient and has not worked the entire time I've known her. My husband still has child support payments being deducted from his paycheck. I realize he will stay have to pay back child support but how do we stop this. PLEASE HELP

Answer 1

Pardon me, but I've read these answers and I assure there is an easier and relatively inexpensive way. Let's just say I'm speaking from experience. First, immediately go to the JDR court and file a petition to request a hearing before the judge and request that a Guardian Ad Litem be appointed to represent the best interest of the child. Maintain a log of all recent activities (past 6 months should suffice). Maintain good communication with the school officials, and get copies of records of attendance before and after the physical residence of the child changed (however, this may not be the case considering the child's age). Contact your DCSE case-worker and inform them of the situation. Make sure the child is well cared for while in your care. No matter what someone tells you, the police will not physically remove the child unless ordered to do so by a judge, nor will child welfare services unless the child is in danger. Be prepared for your court date and follow through. Under no circumstances, should you stop paying the child support until ordered to do so by the judge. Remember, when it comes before the courtt, the judge will want to see that it is not about the money, it is about the welfare of the child. It will only make you look better before the court. Do not change jobs or residences before your court date. Do not have any altercations with the law. And remember to maintain your log of both your activities and the other parent and the home that they provide (engaged or not, living together in the presence of small children is not condoned by most courts). Check your state's Supreme Court website for cases that have similar circumstances that may have set a precedent. Do not attack the other parent, but maintain that log and have pictures if possible. Do not speak about the situation to your child. At some point, the child will be interviewed and your comments may come out. None of this will cost you a dollar. Continue to pay child support as scheduled. At this point you do not really need an attorny. You should "officially" consult an attorney, but if they tell you anything different than what I just did, then you need to do exactly what I just said and then go find another attorney. And never, never, never forget this one very important thing: it's not what is best for you, it is what is in the best interest of the child. Not yours. If you're the better parents and provide the best home for the child, the court will see that. Good luck to the better parents -

Answer 2

Hi There,

We had a similar situation not too long ago. Some back child support was due, the child was living with us, etc. Without going in to court, altering an agreement (no matter how amicable it may seem) is not a good idea. Mainly, if she decides she's no longer happy with the agreement (or out of spite), she can take him to court and the court order will be inforced (not the agreement they made out of court). We did go to court, the agreement was modified, and the back support offset with what she needed to pay. Thankfully, we were able to do this through court ordered mediation to limit the overall costs of retaining a lawyer.

For the back child support, typically what the courts will do is "offset" what he owes with what her monthly payments will be now that you have custody. The first step, though, is to get a lawyer (tho some things you can do yourself, it's just easier with a lawyer), then petition the court for a change of residency. That way, they'll know the child is now living with you and can set an amount that she should pay. For example, if she has to pay 150 a month, and he was to pay the same amount prior to the transfer, they'll offset each payment against how much he owes. It may take a matter of years (depending on how many payments he's missed), before she'll owe you all anything, but at least you won't be continuing to pay her for a child she no longer has physical custody of.

Unless it's through a mediator, trying to do any of this out of court is not recommended as it can't legally be enforced.

Good luck to you, your husband and step-daughter! And, if I may, I commend you and your husband for doing your best to keep your step-daughter in a safe environment!

Answer 3

I have 2 step sons. One is 17 and the other turned 21 on 2/14/14 and is not enrolled in college. My husband contacted child support to let them know he had a new employer as of 3/3/14 and to start garnishing support from his check. When the income withholding forms arrived the 21 year old was still on the order. My husband had to petition the court for a modification, strictly due to age, and actually has a court date of 4/7/14. Until then they will withhold for both kids.

Answer 4

Unless you get total legal custody of her, th payments wont stop. In the courts eyes, mom still has legal custody of her and the paymentsgo on. You will have to petition the courts for a remodification for child custody hearing to gain legal custody and in return get thepayments either stopped or reversed. Your husband will have to explain the situation to the Judge and prove that you two would be able to provide a better environment for her than mom. Youre not trying to have mom ruled unfit but rather incapable of caring for the girl in a nurishing environment. Good luck

Answer 5

it really depends on where the order is being enforced (what state is after him) and where the order was done. Contact the child support office that is enforcing against your husband. Explain to them that you have physical custody of the child. You may have to prove this with either school records or a document from the place you may be renting from stating that the child is now living with you.

If you have a court order stating that you and your spouse has physical custody of the child that's a bonus to you. Provide the child support office with a copy of that order. If you don't have an order, you may have to modify the existing order to stop all child support effective the date that you had the child in your home.

If the current order states that support is to stop completely if the child is in your care (normally all child support orders do not have such language) you are really in luck, but the best advise is to contact the child support agency who is enforcing against your husband and explain to them that you have physical custody. Some states have child support laws that automatically stop the current support from accruing if physical custody has changed, however in most cases such as yours, the existing order will have to be modified since physical custody has changed. If the order is not changed, your husband may be liable for child support that continues to accrue even though he has physical cudstody (it really depends on what state is enforcing against him and where the order was established). They may or may not be able to modify the existing order to stop all child support from accruing. If the child support agency is unable to help you stop the current child support, you can either hire an attorney to have the child support stopped (which could cost between 2000.00 to 5000.00) or you can file a motion pro-se (on your own) with the court that did the order to have child support stopped against your husband and begin child support against the mom.

Answer 6

u guys should get full custody of her.and with that get a court order to stop payment since the child is living with you guys.if the child support was a court order from the beginning, then am sure if you both or he have full custody then he's shouldn't be still paying child support.

Answer 7

we paid child support for months until we went to court to get custody and get the support ordered to stop. then we took the court order down to the DA which is the place that collects support. if you want support you have to ask for it in court (you may need to file a new case). the DA cannot stop deducting payments until they get a court order for it. or if bmom is cooperative the bmom can also go down to the DA and have it stopped by signing a note stating that daughter is now living with father.

Answer 8

Easy--first, her mother has to sign papers giving your husband FULL CUSTODY. You have to go to the courthouse--but you first have to get her Mom to sign the papers.Go to the Courthouse and ask for which papers will allow you to obtain "full custody"--but I would advise you NOT to tell her Mom that by signing that--she wont recieve any more payments. Since she's a professional welfare collector--then she might not be happy about not getting that money every month. Good Luck--and please maintain the Peace. You and your husband are doing a great thing.

Answer 9

You will have to go back to court and have a court order to stop the garnishments and child support. There is no other way.

Answer 10

You have to have full custody of the child. You will need to get a lawyer. Or she will have to voluntarily give him custody. but you still need a signature from a judge on a legal document