Alternatives to reduce or exempt child support payments
As child support is intended to protect children and ensure that both parents are involved in the upbringing and finances of their children. Due to the unfortunate combination of parenting and divorce, many parents have a tough time dealing with their ex. As problems may arise, one parent must be ordered to pay child support on top of other expenses. Sometimes paying this is not an option and there are alternate methods available to help those who find themselves in these situations.
Table of Contents
What Is Child Support And Why Is It Important?
Child support is a system in the United States and many other countries by which a parent, typically the father, is required to financially support a child, even if he does not have custody.
In the case of divorced parents, child support may also be required if the couple jointly raised the child. If a person owes child support, he or she may be required to pay up to 50% of his or her income on top of any court-ordered alimony payments.
Child support may be required to support children born out of wedlock, but the amount will usually be less than what is due if the child was born in a legally binding marriage. Divorces involving children are often more lengthy and complicated when addressing the issue of child support. Opposing paying an amount of money dictated by a judge can have serious consequences. In extreme cases, you could go to jail.
While the idea of defaulting on the payment is not on the table, you can walk on some other alternatives that allow you to reduce the percentage. If you are a parent going through a financial crisis and have fallen behind on your payments, a compensation court can lower your costs if you can prove that you really can’t afford to pay the set amount.
How to Stop Child Support Payments?
There are some reasons to stop paying child support. But some alternatives allow you to reduce the amount or face the judge’s decision. So here you will go to learn some secrets that lower your monthly amount.
First Option
Alternatives to Avoid Defaulting on Your Payments: – When you are facing trouble in paying child support, it is important to consider some alternatives to avoid defaulting. If you are experiencing difficult financial circumstances then you can petition the court to reduce your monthly contributions towards child support. This process is handled differently depending on the state where you live, but the standard is to gather all the evidence that certifies your financial crisis such as your bank statements, monthly records, or pay stubs. You must have to submit all documents before you appear in court and wait for the verdict. It is important to have enough evidence because, otherwise, the judges may infer that you are evading your responsibility.
NOTE:-Here you are obligated to keep up your monthly payments until you have a judgment from a judge,
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Second Option
You have to Find a second job: – As Having a second job is an alternative when you cannot pay child support. Having two jobs reduces leisure time and allows you to save much more to invest in the really important payments.
Third Option
Request a hearing review: – Another alternative is to request a hearing review where assigned the amount to be paid. It would be best if you considered that the process might take about six months, depending on the complexity of the case. The method may take longer depending on how difficult it is to locate the other party and verify their assets and personal income.
Fourth Option
Evidence for non-payment of alimony: – The last alternative is to bring to court evidence why you cannot pay the amount. These documents can be a pay cut, termination papers from work, or a serious health situation that prevents you from keeping up the payment. You must show the judge that you have increased your expenses. In this situation, if you are unsure about this step then you must consult with a lawyer who is specialized in this matter.
Reasons Why Child Support Would Stop
Although in these situations refusing to pay or support is a crime, there are five reasons child support would stop. If you fall into one of them, you can start the process. Here are the scenarios in which you can prevent child support.
[1.] Death of the child:-This is an irrevocable reason to end monthly payments. Child support is intended to support the child’s upbringing financially; if the child dies, the process is completely canceled.
[2.] The beneficiary reaches the age of majority:-When a citizen turns 18 years old, they are responsible for themself. The parents are not financially accountable before the law, and the monthly payment is cut off.
[3.] Custody is in the hands of the payer: – Upon reassessment, physical custody is given to the parent. In that case, it will no longer be necessary for the parent to maintain the monthly payments because they will now have financial responsibility for the parent.
[4.] Emancipation of the child:-If it is proven that the child has the financial means to support him, he can apply for emancipation from his home and be emancipated from his parents. Upon this decision, approved by a judge, the father is no longer financially responsible for the child.
What Are The Consequences Of Non-Payment?
Fathers or parents who are inconsistent in their child support obligations will be faced with serious consequences. It can also lead to legal battles which can turn out ugly for many fathers specifically.
Falling behind or being late in payments will do you no service in court when highlighted by a judge and this can cause a more strained relationship between you and your child whom you are supporting.
In more serious cases, failing to meet the needs of your child support arrangements can lead to short-term jail time, claiming of your property, using your tax refund for payments as well as suspension of your business and/or driver’s license which will lead to many inconveniences.
Frequently Asked Questions (FAQs)
The only way to reduce basic child support is with the court’s permission. Unless a judge modifies your support order, paying anything less than the amount the order requires is a violation of the support order. This means that you should never reduce your payments or cancel your payments without court approval.
If you’re a paying parent, you cannot simply stop paying or reduce child support. You can, however, apply for a Post Judgment modification. Generally speaking, if your child lives in Connecticut, you can request that a Connecticut court change the order.
If a parent doesn’t pay, he or she can be held in contempt and fined or sent to jail. Also, his or her driver’s license (and any professional license) may be suspended. A parent can also face criminal charges if nonpayment continues for an extended period of time.
In Pennsylvania, child support obligations normally last until the child turns 18 years old, but can continue up past that age if the child is still in high school or has certain physical or mental conditions that require extra support.
All in all, child maintenance can be backdated for a long period, but there’s no definitive answer as to how it goes long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.
Domestic Relations Child Support Records No Public Access, except for PASSES dockets, court orders, and opinions.
The CSA does not backdate new claims. If an application is made with the CSA, your responsibility to pay will start from around the time the CSA contact you. If the child’s mother had previously opened a case fifteen years ago with the CSA then they may be backdated payments owed.
Typically, when a child is attending college, they are not “emancipated,” or self-supporting. Your obligation to pay for educational expenses officially ends when the child is emancipated, or by the time your child earns a degree. Minor emancipation laws vary by state.
Conclusion
Children are entitled to receive financial support from both parents until they reach the age of majority. Child support payments are often mandated by the courts and begin once one of the parents has filed for child support. Opposing paying an amount of money dictated by a judge can have serious consequences. In extreme cases, you could go to jail.
If you have a lawful reason for stopping child support payments, and you want to initiate the process, you can visit your nearest family court. Speak to the county clerk and request the appropriate paperwork to cease child support payments. Fill out that paperwork and file it with the courthouse.
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