Stop child support order


#1

my fiancé’s son is now 18. As far as we know, his son still lives with his grandmother, but has moved him. We are unable to find his son, and are unsure of whether or not he is still in school, or if he is living on his own. I have looked, and am unable to find anything on how to stop a child support order. my fiancé owes some back child support, and is willing to continue paying until it is paid off, but not willing to continue paying for child support, if his son no longer fits the definition of needing it…please help!!!
thank you


#2

If you want to terminate the order, you will need to file a modification of child support, citing the reason that he is has reached the age of 18 and is no longer in school. You will need to be prepared to provide some evidence that the child is no longer enrolled in school.


#3

but that is the thing, we are not sure if he is in school or not, because his grandmother (custodial parent) has moved & we don’t know where they are to find out? do we proceed with a modification order and leave it up to the law to find them? i don’t want my fiance’ to look foolish in court for stopping an order b/c of his son “no longer being in school,” when they might be incorrect info…


#4

I would suggest you do whatever research you can to prove that the child is not in school. Appearing in court and just arguing that he thinks the child is no longer in school is going to be a tough argument to win. Try contacting the custodial parent, the child, friends, other family members, the school he was attending, etc. If he moves forward with the motion he will need to serve the grandmother, and he’ll have to make a good faith effort to locate her address to serve her before he can resort to other methods of service, so either way he will have to do some research to locate the custodial parent.