Skip to main content

Is there a form you can file to waive child support until an appeal is heard?

Dayton, OH |

My friend just lost custody of her two girls to her ex-husband which is currently in the appeal process and she is facing child support payments. In fact, the state is already saying she is behind on support. With everything going on and the attorney fees, she will be behind for sometime unless she can get them waived. She makes a considerably lesser amount than her ex-husband and was hit with a hefty support payment.

Attorney Answers 4

  1. Unfortunately, there is not. The child support Obligee (husband) can waive support through an agreed entry with the court. The Obligor (your friend) cannot waive it. If support is contested, a petition to stay the execution of the support order could be filed with the trial court, pending the above court's decision. However, if the husband has custody of the two children, the court would likely hold that support be paid as ordered.

  2. There is not a form that can be filed. Her attorney can address the situation of a stay which is rarely granted. A modification may be possible if she is successful in her appeal. She needs to continue to work with her attorney.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    Beavercreek, Ohio
    (937)510-6110 phone

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

  3. It would be a miracle for you to obtain such relief. The Court's independent function is to protect the child--this would run squarely opposite of the principle.

    The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

  4. The 3 lawyers who have answered this question are correct. There are only 2 circumstances under which I have seen child support waived: 1. By mutual agreement of the parents; 2. Through an Impoundment Motion. Both require a bit of explanation.
    First, though it is true that the parents of the children can mutually agree to waive child support, the Court won't automatically grant the waiver. The case of DePalmo v. DePalmo (1997), 78 Ohio St.3d 535, 540, 679 N.E.2d 266, states the Court is like a "watchdog" to make sure any waiver agreed to by the parents is in the best interest of the children. Thus, the Court will ask questions and review the information before it to make sure the waiver passes muster.
    Second, an Impoundment Motion doesn't "waive" child support, but it suspends child support payments because of an issue that is raised by the obligor (your friend in this case) that will more than likely affect the child support payments. Impoundment of funds is done by the Child Support Enforcement Agency, but I must tell you, the only time I ever file a motion like that is when my client is the obligor and he/she is going to get custody of the children because of a big change of circumstances. For instance, I had a client (mother) who was paying child support for her children because the father had legal custody and was residential parent. The father was involved in an unfortunate motorcycle accident that left him in really bad condition. The impoundment motion worked only because the Court and the CSEA knew a change of custody was inevitable. My client's child support payments were basically "waived" from the day of the accident when she picked the children up from her former in-laws' house to the day the Court granted a modification of parental rights and responsibilities (custody). The moral of the story is unless your friend has a sure-fire reason for getting custody of the children back, an impoundment motion won't work.
    Remember, child support is for the benefit of the children...not the benefit of the custodial parent. Your friend may not like having to pay the support, but it's for her kids. She's in a tough spot, I can see that, but she should truly think of it as money for her kids' sake. That puts it in the proper light and should make her feel good about supporting her children's future.
    Good luck to your friend.

    The opinions and answers provided by Matthew Langhals, Attorney at Law do not constitute legal advice. If you are seeking legal advice, it is highly recommended that you retain an attorney and provide the details of your legal issue so he/she can advise you competently and properly.

Child custody topics

Top tips from attorneys

What others are asking

An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics