Fathers Rights and Positive Parenting Resources for the Divorced Dad on SingleDad. Learn the steps on how to terminate Child Support
Ask
SingleDad Question: Child Support
How do I
begin the process of terminating
child support?
My child has
graduated high school and is now attending community college.
Do I have to
hire an attorney to stop child support payments or can I go through the child
support enforcement agency?
Answer:
From Cordell
& Cordell divorce lawyer William Backer:
There is no
requirement or court rule that requires you to be represented by an attorney in
any legal matter. It is your right to handle your legal matters on your own
behalf.
It is my
suggestion that if you are not sure of what you are doing or how to do it and
it is important to you to make sure your rights and interests are protected,
you should consult with an attorney that is experienced in the area of domestic
litigation.
Unless it is
otherwise specified in your child support order, your child support obligation
may be terminated if your child has reached the age of emancipation, which is
usually 18 or 21 depending on the state.
DadsDivorce.com
has an easy-to-follow chart that lists each state’s emancipation requirements
along with the correct procedures for terminating support: Child
Support Termination Procedures By State
Child
support does not automatically terminate in most states; some require motions
to be filed. If a motion were required in your state, the typical process would
begin by the filing of an affidavit, or verified motion, which would allege the
facts that support your claim that your child support obligation should
terminate, as well as the legal basis for that request.
This would
need to be filed with the court that entered the child support order. A copy of
what you filed would be served upon the custodial parent by the Sheriff or by a
process server.
Richard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”