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I was ordered to pay child support but now me and the mom are back together. How long do i have to continue paying child support - can i get it stopped

2007-07-16 04:04:23 · 25 answers · asked by M R 2 in Family & Relationships Marriage & Divorce

we are only living together - we arent married. She was on public assistance and I was still living with her. Now I owe all this money and they are garnishing me, but I never left.

2007-07-16 04:14:07 · update #1

25 answers

You can't stop paying until you go to court and have the child support order modified or rescinded. The reason is, if you stop paying now and you and her break up again at whatever point, she can rightfully bring you to court for back support. So get a lawyer and go down to the courthouse to have it modified- if such is even appropriate.

2007-07-16 04:08:51 · answer #1 · answered by jkaiseresquire 3 · 0 0

You have to get a court order or a termination of the case order by the enforceing agency. (If it comes from the agency, then THEY are seeking the court to order that the case be closed). If there is an order from the court to pay child support, then you have to keep paying until the case is ended and you have a court order in hand stating that you no longer owe.

Without marriage, they may well stop the enforcement, but you are still under court order and would still be legally liable to her for the support. KEEP ALL YOUR DOCUMENTATION that you paid as the burnden of proof is on YOU to show you paid.

Your girlfriend can request that enforcement services be stopped and that the case be terminated. As long as she is not receiving any type of welfare, she can close enforcement because she wants to, but will always have the ability to go back for support at a later time.

I would ask her to close the case and request that the case be terminated. ALSO, VERY IMPORTANT, you should speak with an attorney in your state to see what the options are and how to proceed. Many will consult for free.

Good Luck.

Truth

2007-07-16 04:18:58 · answer #2 · answered by I gotta Tell you... 2 · 0 0

You need to go to Superior Court and file a petition to have child support stopped. It will take 30 days on average for the judge to sign the petition to stop child support. Then 30 to 60 days after that for the wage assignment to be stopped once your place of employment receives the order from the court to discontinue child support deductions from your wages. The judge may not sign this order and may require you to go back to court for a hearing to explain why you both are requesting to have this stopped. (Remember, the courts have an on-going responsibility for the "best interest of the child", and they want to illiminate any possibility of child support fraud). The judge may want to know by way of verbal statements by you and the mom to verify if you honestly are both reconciled in your relationship, etc.
So total time for child support deductions to stop would be 90 days on average once you filed the petition with the court.

2007-07-16 04:20:46 · answer #3 · answered by bruce041 2 · 0 0

If you and your wife have reconciled and are now living together and both are caring for your child, then you no longer have to pay. Make sure to write the date down that you two got back together. Then call your lawyer and let him know what is going on. Call her lawyer as well. They will either put a hold on the child support payments or they will take it back to court to have it nulled due to your current situation. If you are not living together and both taking care of the child, make sure to keep making payments or they could come back on you. Cover yourself anyway. Better safe than sorry.

2007-07-16 04:09:33 · answer #4 · answered by Anonymous · 0 0

If the mother is collecting public assistance, the state automatically will go after the father to collect child support so that they don't have to keep giving the assitance. It sounds like she tried to defraud the system by not telling them that you were living in the house and contributing with the bills, food ect. The application of assistance asks, who all lives in the home and requires proof of income for all the people who live in the home

2007-07-16 08:54:32 · answer #5 · answered by Angela F 5 · 0 0

Are you married or living together? You will have to petition the court to have it stopped if you are living together and contributing to the day to day living expenses....and can prove it. OR, if something happens and you split up, she can try to get you for the back child support and say that you were never back together.

EDIT: If you ALREADY owe back child support, you can't change it.

JOY

2007-07-16 04:08:13 · answer #6 · answered by Joy 5 · 0 0

Child support orders stay in place until the child turns 18, but you would be better seeking advice from the court.

2007-07-16 04:08:05 · answer #7 · answered by ellen d 6 · 0 0

Just because you are back together doesn't mean the order will vanish. If you two were married and/or lived together might be a little different, but just being back together doesn't matter...You might want to contact your local child support office for clarity....

2007-07-16 04:09:44 · answer #8 · answered by plumprump26 4 · 0 0

It is up to her. She has to acknowledge that you live with her and that might increase her rent if she lives in a PA place. If she wants to cancel child support on you, she has to right them a letter stating that she no longer wants them taking out child support on you for child whomever, because you are living with her. You might have to right a letter stating that you are now currently staying with her. Make sure if you can to include the case number and all social security numbers for all parties. But keep in mind, you can't get it stopped. She has to want to and do it herself.

2007-07-16 04:17:50 · answer #9 · answered by cinnatigg 4 · 0 0

You should look at what attorneys have said about the question. The source below has free lawyer responses to similar questions such as:

(1) "child support"

(2) "How to stop child support?"

(3) "Child Support"

(4) "Back child support"

(5) "Child support"


Further, articles by experts:

(1) "Child Support Modification - How to Change Child Support | Lawyers"

(2) "What Is Child Support - Child Support Order | Lawyers"

(3) "What Is Child Support - Child Support Order | Lawyers"

2014-12-19 12:48:14 · answer #10 · answered by ? 1 · 0 0

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