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Requests to stop child support payments

On Behalf of | Jun 2, 2022 | Child Support

During divorce proceedings, a parent may seek child custody and child support. Child support payments could cover many expenses related to the young one’s care, education, and other expenses. While many understand the necessity of requesting child support, few realize that a custodial parent may make a unique request in a California family court: the parent could request the cessation of child support payments.

Stopping child support payments

Some may wonder why a parent would make a formal request to stop child support payments. Several reasons exist, and a common one could be the custodial parent not needing the money. People can become unexpectedly wealthy through inheritances or other means, and they could voluntarily free others of their burdens. While under no obligation to do so, a parent may still make such a decision to alleviate the ex-spouse’s financial burdens.

Another reason involves the ex-spouses starting their relationship anew. The two could reconcile and return to living under the same roof. Such a new living arrangement could impact whether one spouse needs or wants child support.

Formal steps to stop child support payments

Any changes to child support require the approval of a family law judge. A formal process becomes necessary to get the request before the judge. Namely, there is paperwork available from the court that the petitioner must file.

If the one ex-spouse tells the other ex-spouse it is okay not to stop child support payments without going through the court, serious problems could follow. On record, it may appear that one spouse is ignoring their obligations. Legal consequences could follow.

The court may question the request to stop child support payments. Concerns about the child’s best interests may lead to the judge attempting to sway the parents away from such a decision. Petitioners may wish to prepare to answer the judge’s questions.