Can Child Support Be Stopped By a Custodial Parent?
Under California law, child support is a child’s right and must be both protected and enforced. Here is what you need to know about if a custodial parent can stop child support or influence a child support agreement.
Since the court is mandated to protect a child’s right to child support, only a court can legally stop child support. However, a custodial parent or noncustodial parent can petition to end a child support agreement and present reasons for the petition in front of a judge. While the termination of the child support is not guaranteed, a willingness by both the custodial and noncustodial parent to terminate the child support can greatly influence a judge into ruling in favor of stopping the child support.
What Is a Custodial Parent?
A custodial parent is the parent with whom the child permanently resides. The custodial parent is typically the one to whom child support is paid in order to aid with the expenses of raising a child. When going before a court to request the cancellation of child support, the custodial parent is particularly influential, because they will need to show that the child’s well-being will continue to be ensured under their sole financial contribution. In joint-physical custody agreements, there is no custodial parent since the court has granted both parents physical custody. Thus, for cases involving joint-physical custody, both parents are considered equally influential in the decision as they both carry the economic burden of housing their child.
Related: Types of Child Custody and Visitation in California
California Law for Terminating Child Support
California’s Family Code Section 3691 lists fraud, perjury, and lack of notice as the legal grounds for terminating child support. Unless a custodial parent is requesting that the child support be stopped because the agreement arose out of fraud, perjury, or lack of notice, then they are not automatically guaranteed to have their wishes granted by the court. However, under Family Code Section 3693 it is stated that the court has the ability to set aside a child support order if they believe it is necessary to do so. A court may take in mind equitable considerations, but it is not mandated to, and will only do so if they believe it is in the best interests of the child.
Related: How to Stop Child Support in California
What a Custodial Parent Should Do in Order to Stop Child Support
A custodial parent attempting to cancel child support should first and foremost provide the court with proof that the child will not be placed at a disadvantage by the cancellation of the child support payments. The custodial parent should be ready to show the judge that they can financially support the child on their own and that the child will not lack the resources they need. If a custodial parent cannot prove that they will be able to care for their child without the economic assistance of the other parent, then the judge will most likely not rule in the parent’s favor.
If the custodial parent is requesting that the child support be terminated as a result of an excessive financial burden being placed on the noncustodial parent, they can fill out Form FL-350. A parent will be expected to provide their reasons for the request and explain them further in court. Also, when appearing before the judge, both parents must demonstrate an ability to work together and continue to raise their child amicably. A judge will look upon the parents more favorably and be more willing to relieve a noncustodial parent of their financial responsibility if the judge believes that the parents will continue to care for and raise their child with the child’s best interests in mind.
FAQS
If I am the custodial parent and cancel child support, can I get full legal and physical custody?
If the noncustodial parent wants to be part of the child’s life, then the court will respect the parent’s right. A court will not take away custody in exchange for canceling child support, because, under most circumstances, a court believes a child’s well-being is benefited from seeing their other parent and receiving their financial assistance.
Is there a way to reach a child support agreement without a judge?
Parents may choose to come to an agreement and never involve the court; however, once parents have petitioned the court, they are no longer the parent with the authority and must respect and follow the decision the judge gives.
Related: How to Make a Divorce Settlement Agreement in California
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If you’re wondering if a custodial parent can stop child support in California, get your free consultation with one of our experienced Child Support Attorneys today!