You are under a court order to pay child support. Perhaps a situation has happened where you believe you have specific and legal facts showing that you should not be required to pay. Our Walnut Creek child support lawyers are available to help.
Can You Just Stop Paying?
Sometimes people are under the impression that once they submit their case, they can stop paying until the judge responds. This is 100% wrong and it will get you in trouble. You have a court order to pay child support. You have a right to dispute it. However, until or unless a judge signs a new court order which reduces or eliminates your child support payments, the original order stands, and you must continue to pay.
Can You Sign Your Rights Away And Stop Paying?
If you sign your rights away, you are no longer the child’s legal parent. If there is another person that is willing to take your position, you can sign your rights away, and you will no longer have to pay child support.
This often happens when a spouse remarries, and the new spouse wants to adopt your child as their own. But, you should realize that you are signing all of your parental rights away. Unless the other parent allows you to see the child, so that the child will have a relationship with you, they are under no obligation to include you in the child’s life. You gave up all those rights.
If you have a situation that has reduced your ability to pay, and you want to ask the court to reduce your payments, you are seeking a modification. You can search online for the instructions on how to file the motion with the county clerk’s office.
Termination Of Child Support
Your child support will continue until your child is 18. Sometimes, if the child is a special needs child, the order lasts until they are 21.
You can petition the court to terminate your child support if the other parent has married or they are in a financial situation where they can and will support the child on their own. This means they are in agreement with you on the termination of the support. Even then, it is up to the judge.
Job Loss And Other Problems
You cannot simply stop paying your child support because you have lost your job. You can petition the court for a temporary suspension until you get a job or a temporary reduction of the order.
If the child you are paying support for unfortunately passes away, you cannot simply stop paying. You still have to pay until you have filed the papers with the courts advising the loss of the child.
If you pass away, and you are behind on child support, a family estate may have to pay the past due amount. You may have an insurance policy that names his child as the beneficiary. Of course, the child will receive Social Security payments when they apply for them.
You can get the forms you need at the county clerk office but be advised that child support is a complicated legal matter. You are encouraged to seek the advice of a child support attorney to see if you qualify and to get help filing the forms. Call our child support attorneys today to discuss your case.