Stopping child support


#1

You stated that the agreement was for the one year and neither of you would pay child support so why is it a problem that he’s trying to stop it if that’s what you agreed to?
I believe that if your son is living with his father he will be able to stop child support or at least modify it. If he is living with his father, there should be no reason for him to pay you for care and maintenance for your son as this money will now be used by him for the same things that you used it for. If that were my husband’s situation that would mean that he would pay his ex $6000 and still have to come up with money to pay for EVERYTHING for his children without her help at all.
In the courts eyes, I do not believe that it makes any difference that this is a “trial” period. Your son is living with his father. If you don’t stop the child support now and your son decides to stay with you after then year, then he has paid a years worth of child support that was not needed.


#2
quote:
[i]Originally posted by stepmother[/i] [br]You stated that the agreement was for the one year and neither of you would pay child support so why is it a problem that he's trying to stop it if that's what you agreed to? I believe that if your son is living with his father he will be able to stop child support or at least modify it. If he is living with his father, there should be no reason for him to pay you for care and maintenance for your son as this money will now be used by him for the same things that you used it for. If that were my husband's situation that would mean that he would pay his ex $6000 and still have to come up with money to pay for EVERYTHING for his children without her help at all. In the courts eyes, I do not believe that it makes any difference that this is a "trial" period. Your son is living with his father. If you don't stop the child support now and your son decides to stay with you after then year, then he has paid a years worth of child support that was not needed.

#3

The problem is this. If I sign the child support now, How much am I going to have to spend at the end of the year to have it restarted. I dont see what the problem is with just sending the money back to him every month like we originally agreed to. It’s not like I have been vendictive with him. We have both united together to do what’s best for our son. I dont have a lot of money to be spending in the court system and would like to avoid that. I dont think there is any purpose served to do any legal paperwork until our trial period is over.

quote:
[i]Originally posted by stepmother[/i] [br]You stated that the agreement was for the one year and neither of you would pay child support so why is it a problem that he's trying to stop it if that's what you agreed to? I believe that if your son is living with his father he will be able to stop child support or at least modify it. If he is living with his father, there should be no reason for him to pay you for care and maintenance for your son as this money will now be used by him for the same things that you used it for. If that were my husband's situation that would mean that he would pay his ex $6000 and still have to come up with money to pay for EVERYTHING for his children without her help at all. In the courts eyes, I do not believe that it makes any difference that this is a "trial" period. Your son is living with his father. If you don't stop the child support now and your son decides to stay with you after then year, then he has paid a years worth of child support that was not needed.

#4

I’m not sure that modification of child support would have to actually go to court and be heard. I believe that modification is only a matter of filling out forms and filing them. It just seems like it would be more trouble to send the money back to him every month than to stop child support and then start it again. Legally, I think he would be doing the right thing by getting it stopped while your son is living with him. I would think you would want it that way were the situation reversed. I may be wrong, so hopefully an attorney will respond.


#5

You can agree to stop the support and you can then agree to restart the support using a “consent order”. You are correct, however, that if the father refuses to agree to restart the support you will need to jump through the hoops again to restart the support by order of the court. Big hassle. But, it sounds like you are both working well together and hopefully you can agree to document your arrangement without the need for involvement by a judge.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

My ex-husband and I have an agreement for my son to live with him for a one year trial period and during this time neither one of us would pay child support. After that trial period is over, my son will decide which home he wants to reside at. At that time we will do the official paperwork to change the child support and custody issues if they need to be changed.

Here’s the problem. I sent my son out of state to live with his father and now his father is sending me paperwork to sign to stop child support. I dont want to sign anything until the 1 year trial is over. What if my son decides he wants to stay with me at the end of his trial period? I dont want to have to keep going back to court to change paperwork. My question is this: Am I obligated legally to have to sign the paperwork to stop the child support?