If an individual is required to pay child support in Connecticut, they may want to stop or drop those payments as soon as possible. Although parents may presume that their child support payments terminate automatically when their child reaches a certain age or other requirements are met, that is not always the case.
An individual’s obligation to make child support payments can end if the child:
- Gets married
- Reaches the age of majority
- Leaves for undergraduate studies
- Passes away
Individuals who have to pay child support should be aware that there are certain situations in which the child support requirement will continue even after the child reaches the age of majority, such as if they are disabled. In the State of Connecticut, children are entitled to receive child support until they reach the age of majority, which is 18.
In certain situations, a child can be emancipated prior to reaching 18 years of age if they do any of the following:
- Get married
- Are in the military
- Become self-supporting
Children may also be considered emancipated in other situations, such as if they:
- Leave their parents’ home
- Are older than a certain age
- Do not obey the reasonable commands of their parents
If a child does become emancipating, they can manage their own affairs and are considered self-supporting. When this occurs, the individual who has to make child support payments may be able to terminate those payments.
If an individual thinks their circumstances may meet the requirements for terminated child support in Connecticut, it is important to consult with a local attorney in Connecticut for assistance. The paying party should be aware that they cannot stop making their required payments until a court order is issued stating that they are no longer required to make those payments.
If the paying party does stop making the required payments prior to an order being issued, they may face various legal consequences.
When Is Child Support Ordered?
If parents of a child in Connecticut divorce or separate, the court can order one of those parents to fulfill their legal obligations to their child by making child support payments. Child support payments are usually required to be made monthly to a custodial parent.
A child support payment order is intended to benefit the child and is not intended to support the parent who receives it. It is supposed to help the custodial parent provide for their child’s housing, clothing, food, and any other basic needs.
Parents should be aware that each state may have its own unique formulas or guidelines for calculating child support. In the majority of states, a child support payment amount will be based on the gross income of both parents.
Retroactive child support can be ordered when the party required to make payments has failed to make them in the past. If the paying parent believes they have a valid reason to stop making payments, they should reach out to a lawyer who can file the proper petition on their behalf.
The court will review the arguments presented and issue an order that is based on the child’s best interests. The order will provide information on whether or not the payments will continue, be modified, or stop.
How Is a Child Support Award Enforced?
When a court issues a child support payment order, it is legally binding on both the paying parent and the custodial parent. In other words, it is enforceable in a court of law.
If the party who is ordered to make payments does not do so, the receiving party may consult with a family law attorney for help enforcing the order. If the paying party still fails to make their required payments, they can face certain legal consequences, including:
- Suspension of a business license
- Seizure of property
- Imprisonment
A child support order may be enforced in different states if a paying parent moves outside of the state. The Uniform Interstate Family Support Act (UIFSA) provides the ability to enforce a child support order in a different state.
How Can I Avoid a Child Support Increase?
The amount that a paying party is required to pay may be increased when there is a material charge of circumstances. When a qualifying material change does occur, either the paying or receiving party can file a request to modify the child support order.
Examples of things that qualify as material changes in circumstances include:
- Family size changes
- Deployment or incarceration
- Unexpected needs or medical emergencies
- Custody or visitation changes
- Changes in income
A court can change or modify a current child support order so it reflects the material change in circumstances. The paying party should ensure they have their own legal representation so the payment amount is not unfairly increased.
When the court reviews a request for child support modification, it will follow the child’s best interests standard and applicable guidelines to determine the proper amount for the child support payments. During this process, the court will examine many factors, including:
- The child’s well-being
- Their physical state
- Mental state
- Religious or cultural preferences
How Can I Stop Paying Child Support?
There are requirements that must be met to stop paying child support. Parents should note that they cannot agree to waive or stop child support payments if they are court-ordered.
The party making payments will be required to demonstrate that there has been a material change in circumstances. If the party who is ordered to make payments gets full custody of their child, they can petition the court to stop their payment obligation. There are also other reasons to close a child support case, including those noted above.
Do Child Support Payments End Automatically?
Typically, child support payments do not end automatically. The party who is required to make payments should consult with a Connecticut lawyer for information on how to stop child support in their specific case.
How to Get Child Support Arrears Dismissed
Child support arrears are monies that the paying party owes which are unpaid or overdue. The party who is receiving the payments can get help from law enforcement or government agencies to collect the amount that they are owed in child support.
Each state has its own law enforcement department and government agency that enforces child support orders and helps receiving parties collect their arrears amounts. A lawyer can also help the paying party submit a motion to dismiss their child support arrears and help with resolving any other concerns that they may have related to their child support obligations.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are interested in stopping your child support payments, determine if you are eligible to stop making payments, or find out if the paying party may be eligible to do so, you should reach out to a Connecticut child support lawyer. LegalMatch can help you find a lawyer in your area to help resolve your child support issue.
If you are a paying party who may be eligible to terminate their child support payments, your attorney will file a petition with the court to request your child support obligation be terminated. It is likely that you will need to attend a hearing where you and the other parent present your arguments regarding whether or not the requirements have been met.
If you are currently ordered to make payments, you have to continue doing so until the court issues a new order that says you are no longer required to pay. Your lawyer can help you with any issues you may have, such as making your child support payments or even collecting your child support payments.
