Can You Cancel Child Support?

By James Witherspoon -

In some circumstances, a court can make a decision during a divorce that legally binds parents of a child to a particular agreement. For some, this can mean that child support is owed to one spouse, while the other may be attached to a custody agreement. Generally speaking, these agreements are settled by the court according to the best interests of the child, not of the parents. As a result, parents may ask to file for a cancellation of child support. However, as most courts will stick with the original divorce arrangement, this can be an especially difficult task.

For parents who are ordered to pay child support, there is almost no legal way in which payments can be canceled. If that parent simply stops paying, there are numerous enforcement devices the receiving parent can use to get support funds. Even if a receiving ex-spouse does not pursue payment, the amount of back support payments will remain on the record and available for that parent at any time. The system goes so far as to provide back payment even if both spouses agree to suspend payments for a time.

In each of these situations, backed up child support payments are not canceled when the child becomes 18. Although the child may become a legal adult, missed payments are still expected to be given to the receiving parent. If payments are skipped or missed because of a lack of funds, a parent may file to suspend the current support agreement with the expectation of paying again once personal finance problems are solved.

Otherwise, child support is only canceled if the child reaches the age of 18 or tragically does not. Although this seems like a strict, inflexible system, courts consider the needs of the child before the plans and intentions of the parents. To learn more about child support cancellation, contact a divorce attorney.

For more information regarding your rights in a divorce, contact the Austin divorce attorneys of Slater Kennon & Jameson, LLP today.

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