You have been ordered to pay support for your child, but circumstances have changed and now you would like to know how to stop paying for it. Here you will find the right answer, if you follow the steps below.
The following instructions contemplate legal actions based on the US regulatory framework, so they may be useful to an Italian public who lives or has lived, continuing to have relationships today, in the United States of America
Steps
Step 1. Reach an agreement with the other party
If you and the other parent can agree on custody and visits, without having to pay for maintenance (such as shared custody or custody given to the party with the highest income), you can prevent the court from ordering it. obligation to pay child support. Agreement on this point should:
- Be in writing. The document must be written according to the model provided by the court and include the name of the case. The name of the case is located at the top of each court order and procedural statement and contains the name of the parties, the name of the court, the county where the court is located and the record number.
- Be signed by both parties. Both parties should sign the agreement in front of a notary, who authenticates the signatures. You could sign at different times and in front of different notaries or, if you are not in conflict with each other, go together and sign in front of a single notary.
- Understand a child support worksheet. The model and related software are provided by each state. Do a search on your favorite search engine, writing "YOUR STATE child support worksheet" (the name of the state where you live and child support model) or visit your county or state court website or the offices of the stationery.
- Be filed with the court. All agreements must be filed with the court together with a request for signature by the judge, indicating that the agreement was formulated according to the court order. The models in some states include a space for the judge's signature, making the agreement already an ordinance without the need to produce a separate document.
Step 2. Have the court terminate the maintenance obligation
Not everyone can solve this aspect. States have laws that require one or both parents to pay child support. There are limitations within which a Petition to Terminate Support is considered and granted:
- In case one of the parents has died. If you pay the maintenance to a recently deceased person, the obligation generally lapses automatically; you must file a motion to stop paying the maintenance because the beneficiary is dead. The motion must require child support to be terminated from the date of the parent's death, including a copy of the death certificate.
- In case you have no income. Many states grant temporary suspension of child support to a non-custodial parent if the parent has lost their job or is disabled due to a disability claim.
- In case you are detained. Some states allow detained parents to obtain an ordinance that temporarily suspends child support for the duration of the detention.
- In case the children live with you. If your children live with you, you should ask the court to change custody and maintenance as soon as possible. Until you get a new ordinance specifying that you are no longer required to pay the maintenance, you are bound to whatever amount has been defined.
- In case the children are 18 years old and can support themselves. Some states require a parent to pay child support until the child is 21 years old. Check your state's regulatory framework to find out at what age it allows parents to no longer pay child support. If your children have reached the required age, file a Petition to Terminate Child Support in court.
Step 3. Request custody of the children
Foster parents generally do not pay maintenance. Submitting a Petition to Modify Custody and receiving custody of the children will put an end to the payment of maintenance by you, indeed it will most likely also imply that the other party pays you the child's allowance. maintenance for children. To obtain custody of the children, you will need to:
- Submit a Petition to Modify Custody. Check with your county clerk's office or the website of your state or county court if there is a model for this instance. It is also advisable to speak to a lawyer specializing in child custody, since it is usually difficult to obtain custody, taking it away from a parent who has already obtained it.
- Convince the judge that the custody should be changed. Go to the hearing and bring witnesses and evidence that show that living with you is in the primary interest of the children. Remember, custody is about children and what is best for them, not what is best or most convenient for parents.
Step 4. Agree to the adoption
You can give your children up for adoption and allow your other party's spouse to adopt them. Agreeing to the adoption will result in the termination of the maintenance obligation, but also the loss of your rights as a parent.
Step 5. Disclaim paternity
If you don't believe the children are yours, you can dispute paternity and not be required to pay maintenance. The time to initiate this action is immediately after the divorce or paternity lawsuit has been filed. In the event that you have been granted paternity of the children, you have filed a request or petition for divorce, declaring that you are not the father, and you have not been able to reject the attribution of paternity by your spouse, you may not be able to claim that you are not the father.
Step 6. Refuse to pay
You can simply choose not to pay child support, even if you risk that your salary will be reduced, the refund of income tax eliminated and any permits or professional licenses and driving license suspended; you might even end up in jail for it. If you know the risks and still refuse to pay:
- Convince the other party to lighten the load. You can avoid paying the maintenance, but only for a short period of time, if the other party does not protest through legal means and does not demand Child Support Enforcement (imposition of child support payment) due to the failure to provide the maintenance.
- Ask the court to cancel any outstanding salary assignments. If you and the other parent agree to manage the child support without any salary assignment, you can file a motion to cancel the existing ones. Check with the court chancellery if it is possible and ask for the necessary documents to be presented.
Step 7. Abandon your children
Voluntary abandonment of children, in some states, for a period of six (6) months to one (1) year causes the loss of all rights to children. Check whether in the regulatory framework of the state in which you live this behavior leads to the loss of parental rights and if this loss, in turn, leads to the cessation of the obligation to support children. To find the law governing your state:
- Check your state's website. Many states make available to users an accessible state code or a link to the state code on trusted websites. Use the State Links page of the Internal Revenue Service (the US Revenue Agency) to find your state website.
- Use your favorite search engine. You can find the country code by searching your favorite search engine. Write "YOUR STATE code". For example, if you live in New York, you could search for "New York code".
- Check with your lawyer. Find an attorney in your county or municipality who specializes in child fostering and support, and make an appointment for a free consultation to make sure you understand the risks and consequences that could arise in the event of abandonment.
Warnings
- You should never sign anything that could compromise your legal and financial rights and obligations without first consulting a lawyer.
- Failure to pay child support is considered a failure to comply with court orders and is a crime in most states.
