Stopping Child Support Payments in California
Child support typically ends when a child is no longer considered a minor (18 years old), but can be ended sooner than the child’s eighteenth birthday. Here is everything you need to know about stopping child support payments in California.
Courts order a parent to pay child support in order to aid with the costs of raising their child. Child support is enforced by law, and missing payments may result in a parent losing their driver’s license. If a parent wishes to stop paying child support in California and avoid the consequences that can arise as a result of missed payments, they must inform the court that they wish to stop paying child support and providing a valid excuse for ending the child support payments.
Legal Grounds for Relief of Child Support Obligations
California’s Family Code Section 3691 states that fraud, perjury, and lack of notice are grounds for setting aside a court order. Lack of notice is grounds for stopping child support if a court finds that the parent wishing to stop paying child support did not have time to file a response to the original order; thus, resulting in a default child support order that the parent finds unreasonable. An individual must prove that if they would have had more time, they could have provided additional information to the court that would have resulted in a different child support order. Also, an individual needs to show that the lack of notice was not a result of the individual avoiding the information or failing to make themself accessible, but a result of a poor notice on the other parent’s part.
For cases involving fraud, perjury, and/or lack of notice, an individual has six months after they discovered, or should have discovered, the unlawful action to request an order to set aside a child support order. An individual should fill out a Request for Hearing and Application to Set Aside Support Order (Form FL-360) and submit it to their local court. California’s Family Code Section 17432 states that a parent is also allowed to request a child support order be canceled or reviewed if the judgment was made based on a parent’s presumed income rather than their actual monthly disposable income.
Filing to Stop Child Support
Once an individual has filled out the request to set aside a child support order, they should have their forms reviewed, make at least two copies of the form, and file the request with the clerk at the local court. Once an individual gets their court date, they should have an individual over the age of 18 serve the other parent the request for terminating the child custody order. A plaintiff should ensure that they fill out a proof of service; failure to do so can result in the defendant claiming that they were not given notice. After following the process, an individual should attend the set date for the court hearing.
Related: How to Modify a Child Support Order in California
Additional Ways To Stop Child Support in California
A parent may also stop child support by going to the court and proving that their child no longer needs their financial support, or that the other parent states that they no longer require financial support. Depending on the court’s decision, a parent may find themself no longer ordered to pay child support. If the court decides that a parent must still pay child support, an agreement can be reached with the child’s other parent.
A parent is automatically exempt from paying child support if their child enrolls in the military, gets married, or becomes emancipated. A parent should inform the court of these changes.
Related: How to Give Up Parental Rights and Not Pay Child Support
FAQS
Can I stop paying child support if I can no longer afford the ordered amount?
If you cannot afford to pay the amount of child support that the court has ordered, you need to inform the court and request a change. You cannot simply cease paying child support; doing so will have negative consequences, such as the loss of your license.
Can I get custody in order to stop paying child support?
If a judge decides to grant you custody, and you did not previously have it, then the amount of child support you are expected to pay can decrease. Depending on the original amount you were expected to pay and how much the time spent with the child affects the amount, you may not even need to pay child support.
Related: Joint Custody Child Support: Who Pays?
Contact Us
If you need to stop a child support order in California, get your free consultation with one of our California Child Support Attorneys today!