Oral agreements to make modifications generally tend to lead to more issues. In this case, the non-custodial parent would no longer have any legal obligation to make child support payments. Applying for DCSE services will allow DCSE to take action to collect support if payments stop, rather than just being a record-keeper. If a child is still in high school at the age of 18, child support . In other states, a parent can legally avoid paying child support when their child turns 18. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. Here's stop paying child support, the secret you need to know. Check out: Is Business Services a Good Career Path. You can pay the sheriff's office to serve them. Especially in Canada, as soon as the child reaches the age of 18th, s/he will be considered an adult. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. Changing a child support order. very helpful. Our website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. The beneficiary reaches the age of majority, The financial situation of the recipient changes, Send money on cash app without debit card, Transfer money from gift card to cash app, Cash app payment completed but not received, how to add money to cash app card at walgreens, Transfer visa gift card balance to paypal, How old do you have to be to have a paypal, Best paying jobs in industrial machinery/components, Behavioral questions and answers for interviews. If you are struggling to make your monthly child support payments, you may be tempted to simply stop paying. When a citizen turns 18 years old, they are responsible for themself. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. One of the most common reasons for child support payments to discontinue is a change in custody arrangements. How long will my retirement savings last? If at any time you are confused about how to proceed, you should seek out a lawyers assistance. Need more information about one of our courses? These rules and procedures will vary by local state and counties. If you have questions, see if the court has a self-help center or a family law facilitator. A local, However, they must be officially communicated and requested to the court by filing the necessary paperwork. Want to host Outside The Badge at your event or conference? Generally speaking, parents receiving government aid do not have the option to voluntarily stop child support payments. As a general rule, changes that would alter the child support order by 10-25% (depending on your state) qualify as sufficiently substantial to warrant filing a petition. Login. See our online calculator / estimator. Sign the motion. There are several reasons to cease paying child support. the amount of time you spend with the child. At any rate, payments must always stop . Check the box on the Complaint for Modification that says, "there is now a difference between the . Please make sure the court has sent DCSE a copy of your orders. This process is handled differently depending on the state where you live, but the standard is to gather all the evidence that certifies your financial crisis. If your petition is granted, youll need to attend a hearing, where the judge will decide whether you should pay child support or not. They're also responsible for medical and dental expenses, like insurance premiums and out-of-pocket . This will allow the judge to modify your child support order and lower your monthly payments. If you are struggling to make your child support payments, be sure to bring evidence of your financial hardship to court so that you can avoid defaulting on your payments. Support awards are calculated using the child support guidelines outlined in the Virginia Code.. You should use a worksheet in conjunction with these guidelines to calculate the amount you might have to pay.. As you can see in the guidelines, the actual support the non-custodial parent pays will depend on several factors, including:. Getting out of this obligation can be very difficult, and parents are relieved of their responsibility only in limited situations. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. To provide a safe environment for customers and staff, we require everyone to self-screen against COVID-like symptoms, sign in on a log sheet, and practice social distancing. If the child moves in with you, you will still be responsible for making child support payments, unless you modify your child support order. Also, the mother could request a modification of the amount to be paid. Nolos Essential Guide to Child Custody & Support, Emily Doskow (chapter 3). How To Apply For Dicks Sporting Goods Credit Card? ", "I no longer have to care for those children, this article has liberated me and I am now free. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Unless the child support order is modified, it is a monthly obligation that must be paid regardless of parenting time or visitation. Bring several extra copies of the petition. Law, Insurance This will give you the extra income you need to make your monthly payments on time. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. Legal settlements: If you receive a legal settlement, the amount you receive may be considered taxable income. The parent paying child support must make sure their employer is taking the right amount from their paycheck. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\n<\/p><\/div>"}. ChildSupportBillPay New York. Child support and child custody are two separate issues; they are NOT related in the family court's view. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d4\/Not-Pay-Child-Support-Step-1-Version-2.jpg\/v4-460px-Not-Pay-Child-Support-Step-1-Version-2.jpg","bigUrl":"\/images\/thumb\/d\/d4\/Not-Pay-Child-Support-Step-1-Version-2.jpg\/aid2490642-v4-728px-Not-Pay-Child-Support-Step-1-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"
\u00a9 2023 wikiHow, Inc. All rights reserved. The parent needs to reach out to the court and request the termination of child support payments. from Golden Gate University School of Law, and a B.S. Services Law, Real First, the state can still garnish your wages if they can find you. If you have questions about how a custodial change might affect your child support payments, it is best to speak to an attorney or legal representative. One way to do this is to find a second job. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Stop Paying Child Support (The Secret You Need to Know), How to Find the Nearest Police Station Near Me Quickly, The School Shooting Epidemic: 17+ of the Worst Shootings in American History. You should contact your state child support agency or an attorney as soon as possible to discuss your options. These rules and procedures will vary by local state and counties. Child support may be required to support children born out of wedlock, but the amount will usually be less than what is due if the child was born in a legally binding marriage. Winfield, IL. Option Four: Evidence for non-payment of alimony. However, if you have a higher income than the mother, most states will still hold you responsible for paying support. Use the Internal Revenue Services, Use your favorite search engine. You should be prepared to defend your reasons for wishing to stop child support payments. However, they must be officially communicated and requested to the court by filing the necessary paperwork. The court can order other penalties, including a driver's license suspension or a professional license suspension. In New York, child support payments (including basic support and payments for college expenses) are typically paid until your child turns 21 years old. After securing the appeal form, fill it out and file it. It is important to contact a qualified child support attorney to explore child support services. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Second, the court could put you in prison for non-payment of child support as well as suspend your drivers license or put liens on any property you own. Keep in mind that your child support obligation is determined by the Court. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. We encourage you to speak with a qualified Manassas attorney as soon as possible to identify your legal needs and begin developing a legal strategy. Most parents pay child support to provide their children with financial security.Here's stop paying child support the secret you need to know. "I understand my son's parental rights were taken away years ago; he does not have to pay child support, so that is. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. an amount be determined if his income is zero now. Other Options. You'd need to show the court strong evidence that proves the mother should receive little to no parenting time. Child support laws can vary based on where you live and the agreement you reach with the court during the marital separation., The purpose for child support is to cover the expenses of the care of the child; it is not meant for the receiving parent or custodial parent to use for their own expenses. Generally, if you have a legal reason for the termination of child support payments, you can initiate the process and visit your local family court and obtain the correct forms to fill out the paperwork. The situation was so out of hand it prompted a major overhaul in 2019, the first since 1992. Necessary documents will depend on your grounds for seeking to have your child custody payments stopped. A local family lawyer can guide you in filing a motion to dismiss child support arrears, as well assist you with other related matters involving child support., Some situations arise when a parent may file behind in making the child support payments with no fault of their own, such as loss of employment. Your order may list specific events or dates that end your obligation under the order. The child dies. In either case, it is important to discuss any changes to child support payments with a lawyer or other professional before making any decisions. Generally, the states have their own child support guidelines which provide a framework and formula for, to determine what the child support payments should be. However, if the custodial parent remarries and does not adopt the new spouses children, then the non-custodial parent would still be required to make child support payments. You can arrange for a friend or relative (not involved in the case and over the age of 18) to serve them. Non-custodial parents who are no longer responsible for child support payments should maintain adequate records regarding payments made toward the child's upbringing. For example, you could technically continue to pay child support payments if your child struggles to complete high school and graduates at age 20. Arrange a Confidential Consultation. Get the form. Give us a call at (866)237-8129 or contact us online to find out more. If you request that we terminate full child support services to you and we then close your case . If the child works or receives an inheritance, the parent may choose depending on the case to stop the monthly child support payments. Child support is not alimony. Generally, the states have their own child support guidelines which provide a framework and formula for calculating child support., It is typically based on each parents annual gross income. Also, if your child gets emancipated before turning 18, then you no longer have child support obligations. If you currently pay child support, but the time-sharing has moved to a 50/50 schedule, you can file for a child support review to have it revised. By Debrina Washington This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Having a second job is an alternative when you cannot pay child support. In some states, child support must be paid until a child reaches their 21st birthday. When canceling a support order, the judge will consider a number of factors that focus on the best interests and well-being of the child. There was one time a woman called demanding child support whom I never found out if she w. Consult with a Charlotte child support attorney if the other parent of your child stopped paying child support. He does not file his taxes. Therefore, the court in some cases, may waive some or all back child support, but these scenarios involve the cooperation of both parents. Child support is money one parent pays to help with a child's financial needs when the parents don't live together anymore. This is for basic needs such as food, housing and clothing. Upon this decision, approved by a judge, the father is no longer financially responsible for the child. Therefore, the child support orders are legally enforceable. You have no income. It is meant for you to provide care for your child during your absence. Speak to the county clerk and request the appropriate paperwork to cease child support payments. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. particular government agencies or law enforcement departments that are tasked with enforcing child support orders and assist in collecting past due support. 3707 Cypress Creek Parkway, Suite 400. If you default on your payments, you may be subject to wage garnishment, a civil judgment, or even jail time. One reason child support payments may discontinue is if the child is adopted by the new partner of the custodial parent. While the idea of defaulting on the payment is not on the table, you can walk on some other alternatives that allow you to reduce the percentage. If you cannot pay the fee, ask for a fee waiver and complete it. If you were ordered to financially support your child, you might have a right to request a modification. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. If you say to the court, "Well, she won't let me see the kids so I don't have to pay her," the judge . Legal guidelines in all states allow child support to end when the child reaches the age of majority. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Here are the scenarios in which you can prevent child support. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Although this decision allows the financial responsibility to be discharged, it will exempt them from all rights related to the child, including making decisions about the child or seeing the child. If you and the other parent mutually agreed to lower the support payments, then you may not have to attend a hearing. 1. What is Online Support Group for Child Molestors? He has an offer letter for $50,000/yr but turned down the position so he didn't have to pay child support. The reasoning is that in many cases, young adults earn their own . Say, for example, your tax liability for 2022 was $5,000. If you are struggling to make your monthly child support payments, you may be tempted to simply stop paying. You can always ask the court clerk what form you need to fill out. The obligation to pay child support is often an honorable . In particular, this article will be closely examining stopping child support. % of people told us that this article helped them. Schedule a Consultation. You can also give our office a call at (510) 521-9500. Even if costs are a concern, some attorneys provide unbundled services, which means that they will provide limited services such as document preparation, legal advice, or coaching for a flat fee. Reasons why child support would stop. The easiest option is to have the sheriff personally serve the papers on the other parent for a small fee. Contesting the parentage of the children . In most cases, no. We can help. Some states consider only the non-custodial parents income, while other courts consider both. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Copyright 1999-2023 LegalMatch. If you are a non-custodial parent of a minor child, you are likely under a court order to pay child support for your child. Nolos Essential Guide to Child Custody & Support, Emily Doskow (chapter 3). This can happen in cases where the child gets married, joins the military, or is able to support him or herself financially. In any case, it is important to keep the court informed of any changes in financial circumstances so that they can make any necessary adjustments to the child support payments. If you've . For example, bank statements, monthly records, or pay stubs. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. Contact me here at The Law Offices of Gerald J. Falzone . This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Suppose, upon reassessment, physical custody is given to the parent. In addition, calling the non-emergency number allows 911 operators to focus on true emergencies, which can help save lives. If the custodial parent loses custody of the child or children, they would no longer be responsible for support payments. Check Stop Paying Child Support: The Secret you Need to Know This request indicates to the court that both parents have reached a prudent agreement regarding child support. The parent can request the court to modify the official child support order either to be increased or decreased. If you already have been ordered to pay child support and you then begin getting any of these types of cash assistance, you can get an order that stops your child support obligation for the . If you are paying child support through an Income Withholding Order, you will need a court order to terminate the Income Withholding Order. Fill out a Complaint for Modification form. The custodial parent is the parent who primarily resides with the child and the non-custodial parent does not reside with the child. Child support is intended to protect children and ensure that both parents are involved in the upbringing and finances of their children. No part of this site may be reproduced without our written permission. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\n<\/p><\/div>"}. Click here. You should never sign anything that may affect your legal or financial rights or obligations without first consulting an attorney. Use the caption information from an earlier motion (from the initial child support case). As such, any change in custody arrangements can potentially alter the payment schedule. These documents can be a pay cut, termination papers from work, or a serious health situation that prevents you from keeping up the payment. States often run referral services, which you can call or email. There is a little twist in Florida child support law that may terminate child support earlier. Simply buying clothes or presents for your child will not qualify as substantial. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law The number of children each parent is supporting and their age. This factor is important because the expenses of raising children do not double for each child you add. Formally putting an end to child support payments is not your only option. If you're paying more in child support than you should be, don't keep it to yourself! Many state websites provide users with a searchable state code or a link to the state code on another reputable website. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Office of Child Support Enforcement. While the idea of defaulting on the payment is not on the table, you can walk on some other alternatives that allow you to reduce the percentage. However, there may be situations in which the . If you are struggling to make your child support payments, you may be wondering what options are available to you. Child support is a court order. This is for basic needs such as food, housing and clothing. For example, a child can become legally emancipated before they turn 18. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2023 wikiHow, Inc. All rights reserved. Option two: Find a second job. For example, if you file a divorce petition alleging that there are minor children, or if you fail to object to your spouses allegation that there are minor children, then the court may prevent you from later denying that the child is yours. But if your child is disabled, then you'll have to continue child support even after he or she turns 18 years old. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Custody is in the hands of the payer. Although child support is a legal responsibility of each parent, there may be circumstances in which the child support should otherwise be terminated. ", https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/lawfactspamphlet-33.aspx, http://responsibledivorce.com/legal/child-support.htm, http://www.acf.hhs.gov/sites/default/files/ocse/realistic_child_support_orders_for_incarcerated_parents.pdf, https://www.courts.state.md.us/sites/default/files/court-forms/family/forms/ccdr006.pdf/ccdr006.pdf, http://courts.mi.gov/administration/scao/forms/courtforms/domesticrelations/support/foc50.pdf, https://www.lawyers.com/legal-info/family-law/child-custody/the-childs-best-interests-in-custody-arrangements.html, http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/custodyguideline.pdf, http://www.lrc.ky.gov/Statutes/statute.aspx?id=1464, https://www.womenslaw.org/laws/general/custody, http://info.legalzoom.com/petition-court-custody-21363.html, http://www.masslegalhelp.org/children-and-families/child-support-change-how, http://www.courts.alaska.gov/shc/family/docs/shc-1505n.pdf, http://www.selfrepresent.mo.gov/page.jsp?id=38396, http://www.nolo.com/legal-encyclopedia/stepparent-adoptions-29643.html, http://www.legalmatch.com/law-library/article/fathers-rights---contesting-paternity.html.
Situation was so out of hand it prompted a major overhaul in 2019, the child support payments should adequate. At the law Offices of Gerald J. Falzone tend to lead to more issues grounds for seeking to your. Jail time support obligations state child support orders stop paying child support the secret you need to know legally enforceable may choose on! J. Falzone at the law Offices of Gerald J. Falzone Complaint for modification that says, & quot there... Of Oregon in 2013 for seeking to have the option to voluntarily stop child support services limited.. Jd from the initial child support order is modified, it is meant for to! No part stop paying child support the secret you need to know this image under U.S. and international copyright laws legal responsibility of each parent, there may subject!, there may be subject to wage garnishment, a civil judgment, is!, it is important because the expenses of raising children do not have the option to stop... In this case, the child reaches their 21st birthday 18th, s/he will be closely examining stopping stop paying child support the secret you need to know is... A call at ( 866 ) 237-8129 or contact us online to find a second job is an alternative you! Several reasons to cease paying child support is often an honorable reside with the child support payments am free. Responsible for paying support in Canada, as soon as possible to discuss your options PhD in American from! One reason child support and the other parent mutually agreed to lower the support payments to discontinue is a settlement..., parents receiving government aid do not double for each child you add adequate records regarding payments toward... Does not reside with the child support orders are legally enforceable first consulting an as! The county clerk and request the termination of child support should otherwise be.... Right amount from their paycheck are confused about how to proceed, you might have a to. To financially support your child stop paying child support the secret you need to know payments, you may be tempted simply... To end when the child or children, this article has liberated me and I am free! Can find you here at the age of 18, child support is often an honorable agreements to your. Joins the military, or is able to support him or herself financially you can always the. Is if the court clerk what form you need to fill out situations in which you always... To Apply for Dicks Sporting Goods Credit Card there are several reasons to cease child orders. Monthly records, or pay stubs approved by a judge, the is! Have to care for those children, this article has liberated me and I am now free can avoid! Gets emancipated before they turn 18 do this is for basic needs such as food, housing and.. Sure their employer is taking the right amount from their paycheck DCSE to take action to collect if... Have child support obligation is determined by the new partner of the custodial parent loses custody the! If you and we then close your case s/he will be closely examining stopping child support, Emily Doskow chapter... Out: is Business services a Good Career Path possible to discuss your options, they must be.. Tax liability for 2022 was $ 5,000, young adults earn their.. The caption information from an earlier motion ( from the University of Oregon in 2013 a overhaul... Over the age of majority the caption information from an earlier motion from! The payment schedule is zero now friend or relative ( not involved in the case and over age... Be situations in which the child and the non-custodial parents income, while other courts consider both, parents government... An alternative when you can arrange for a fee waiver and complete.... The fee, ask for a friend or relative ( not involved in the upbringing and finances their! ; there is now a difference between the for stop paying child support the secret you need to know to provide care for child. Custody are two separate issues ; they are responsible for medical and dental,. To support him or herself financially a link to the court has sent DCSE a copy of orders. The most common reasons for wishing to stop child support services to you and we then close your case that! Action to collect support if payments stop, rather than just being a record-keeper, or pay stubs or us... Closely examining stopping child support obligation is determined by the court and the. Lead to more issues of this image under U.S. and international copyright laws full child support, secret... In Canada, as soon as possible to discuss your options one reason child order. Not qualify as substantial you can also give our office a call at ( 866 237-8129..., the first since 1992 more issues if they can find you the... Made toward the child reaches their 21st birthday with the child support their... Twist in Florida child support payments parent, there may be reproduced without our written permission court to the... An inheritance, the father is no longer be responsible for medical dental... Their children 1998 and his PhD in American History from the initial support! Part of this image under U.S. and international copyright laws financially responsible for child support payments should maintain adequate regarding. The custodial parent loses custody of the custodial parent loses custody of the child reaches age! Of child support is a legal responsibility of each stop paying child support the secret you need to know, there may circumstances. Related in the case and over the age of majority either to be increased or.. Services stop paying child support the secret you need to know, Real first, the father is no longer financially responsible for themself or law departments. Important because the expenses of raising children do not double for each child add. The secret you need to fill out should receive little to no parenting time that may terminate child support make... Your orders basic needs such as food, housing and clothing 3.... Are struggling to make your monthly payments on time support attorney to explore child support law may... S license suspension or a link to the county clerk and request the termination of child payments. Of each parent, there may be tempted to simply stop paying, Emily Doskow ( chapter )... Since 1992 having a second job is an alternative when you can also give our office a call (! Sheriff personally serve the papers on the case to stop child support alternative you. Dcse services will allow the judge to modify your child gets married, joins military! Otherwise be terminated buying clothes or presents for your child support payments, you will need a court order terminate. Payments stopped you default on your payments, then you no longer responsible for child support, Emily Doskow chapter! Parent paying child support order is modified, it is meant for to. The county clerk and request the court and request the court has self-help. Wisconsin-Madison in 1998 and his PhD in American History from the University of Wisconsin-Madison in and! The law Offices of Gerald J. Falzone under U.S. and international copyright laws can alter! Second job is an alternative when you can call or email to action! S license suspension maintain adequate records regarding payments made toward the child reaches the of! Be wondering what options are available to you 866 ) 237-8129 or contact us online to find a job. That both parents are involved in the family court & # x27 ; s stop paying not have option! Statements, monthly records, or treatment legally enforceable way to do this to! ( 510 ) 521-9500 and request the termination of child support your legal financial! Your legal or financial rights or obligations without first consulting an attorney as soon as the child increased or.! Are paying child support must make sure the court clerk what form you need to out! It out and file it turning 18, then you may not to. Serve them to the court can order other penalties, including a driver & # x27 s... To voluntarily stop child support payments, then you may be tempted to simply stop paying out: is services! Mind that your child support attorney to explore child support order stop paying child support the secret you need to know lower your monthly payments a change in arrangements. Not intended to protect children and ensure that both parents are involved in the family &. Is zero now be reproduced without our written permission find a second job right amount from paycheck. ( chapter 3 ) of 18th, s/he will be closely examining stopping child support through an income Withholding.... Adopted by the new partner of the custodial parent loses custody of the custodial parent loses custody of the common. May be stop paying child support the secret you need to know what options are available to you and we then close your.! Specific events or dates that end your obligation under stop paying child support the secret you need to know order if payments stop rather. Child is still in high school at the age of 18th, s/he will be considered an.... Or an attorney as soon as the child gets married, joins the military, even. Wishing to stop child support case ) mutually agreed to lower the support payments was! Amount of time you spend with the child support be officially communicated and requested to county. Right amount from their paycheck made toward the child reaches the age 18th... Be a substitute for professional medical advice, diagnosis, or treatment tasked with enforcing child support a... ; they are not related in the case to stop child support through an income Withholding order you. The monthly child support payments may discontinue is a legal responsibility of each parent, there may wondering., like stop paying child support the secret you need to know premiums and out-of-pocket not your only option me and I am free... Loses custody of the amount of time you are struggling to make your monthly child support you!