How to Get Out of Paying Child Support

Caring for your children and yourself on your own can be a lot. And when circumstances and finances change, it’s ideal to learn about your options regarding child support.

Here is what you need to know about how to get out of paying child support.

Introduction

Having kids is the fun part of life. All the responsibility that comes with it, not so much. Whether you are married, have a significant other, or just a one-time situation that has led to a permanent bond, when kids come into the picture it can both scary and exciting. Sometimes, kids can bring joy to a relationship for a long time. Other times, relationships do not work, and kids continue moving forward with two separate parents. This happens a lot.

Through the work of lawyers and court systems, paying child support becomes necessary because, well, kids are expensive. And, raising them is the responsibility of both parents. This ordered child support payment could seem fair – but it could also seem like a big challenge. Often, the payment is hefty and can make living well pretty tough.

Circumstances change and you may come to a place in life where you want to get out of paying child support. Let’s talk about how you can do just that.

Child Support Orders

Regardless of how you got here, having an order for child support issued means opening a case with California’s Child Support Services. You go through a process that includes:

• Submitting an application.
• Locating the other parent.
• Notifying the other parent of the case with a summons and a complaint.
• If necessary, establish paternity.
• Work together to come up with a stipulated agreement to avoid court.
• Have agreement reviewed by the Judge who enters the Child Support Order.

It is at this time when payments should begin being made. If you have gotten here and cannot pay your child support, don’t simply stop doing so.

Don’t Just Stop Paying

Regardless of your reasoning for not being able to make your child support payments, do not just stop paying. If you do – without any notice or explanation – there are steps that the other parent can take to enforce the child support.

When a request is made to enforce the order, certain actions may take place – and interest charges will be incurred.

So, what can be done for someone who stops paying child support without requesting a modification of the court order? The penalties may vary based on your particular situation, but here are a few examples that you may face:

• The suspension of your driver’s license.
• Frozen bank accounts.
• The suspension of any professional license you may hold.
• Your passport may be denied.
• Defaulted payments will likely be reported to the major credit bureaus, in turn affecting your credit score.
• Some or all of your government payments, such as tax refunds or disability benefits may be intercepted and given to the custodial parent.
• Wage garnishment may occur, meaning your child support payments will come directly out of your paycheck before you receive them.
• In some instances, criminal sanctions may also be sought.

Again, never just stop making your child support payments. Instead, seek to modify the order. If you can’t pay anything at all, state your case.

Moving Out of State

Many people make the mistake of moving out of state – and discontinuing child support payments. Maybe they believe that since they aren’t in the same state and physically seeing their child, they no longer need to pay. Or, maybe it was the sole reason for moving – to try to get out of hefty child support payments.

Unfortunately, the Uniform Interstate Family Support Act is a federal law and holds up in every state in the county. What does that mean for you? Well, if your child support case is filed in California, but you choose to move to Mississippi, you are still liable for the monies due. And, if you want to make any changes – it must be done where the custodial parent and child live. In this case, California.

In other words, you cannot run away from child support.

Making Changes to the Child Support Order

Life changes quickly and sometimes we face changes outside of our control that affects our circumstances and ability to make child support payments. This could be due to:

• Losing a job
• Change in jobs/pay scale
• Custody or visitation changes
• Changes to family size
• Military deployment
• New disability
• Jail or prison time

If you truly want to get out of paying child support without facing the penalties, then you need to petition the court to modify the child support order – and provide proof of the reason you are claiming. Your request will be reviewed carefully, and a determination will be made.

You may, if possible, try to reach an agreement with the other parent. Whether you want to modify the arrangement to a lower amount or terminate the child support order altogether, is up to you. The other part would have to agree to the newly stipulated terms. Then, this new proposed order would be sent to the court for approval.

A Wise Word About Hiring a Lawyer

In California, the Judge often reviews the circumstances surrounding a request for modifying child support and halting payments altogether in great detail. His or her ruling can vary greatly based on discretion. Attorneys who are experienced in the field know the judges, know the precedence, and know a wide range of approaches that you may be able to take to reach the desired outcome.

You do not want to find yourself going through an entire hearing with the Judge and leave with a negative light shining on you – and child support payments still ordered. Hire a lawyer who is familiar with cases like yours so that you know exactly how to approach your request for reducing your child support.

Conclusion

Child support is a necessary payment for helping with the high cost of raising a child. It is the responsibility of both parents to make this work. Understandably, some child support orders are exorbitant and seem unfair. And, of course, life gets in the way sometimes. If you can no longer pay your child support, hire a lawyer to guide you through the steps to modify the child support order. This is your best chance at reaching an affordable solution.