How to Get Taken Off Child Support
This purpose of this guide is to provide non-custodial parents with a true understanding of what it means to be taken off child support.
First Step To Being Taken Off Child SupportThe first step to being taken off child support is to understand that it is not possible to be "taken off" child support. Many non-custodial parents come into my office with the following story: "I had an Order for Child Support through the Office of Child Support Services (also known as "Child Support Enforcement", "DCSS" or "DHR"). The mother and I came to an agreement and we decided that she would take me off child support. She got mad at me 18 months later and now I am $15,000 in arrears and they are threatening to suspend my license." If the non-custodial parent closes their case with the Office of Child Support Services, you are STILL obligated to pay child support pursuant to the Order. Mom and Dad cannot decide to "take you off child support." This is something that can only be done by a judge.
How to Avoid ArrearsIf the custodial parent decides to close the Child Support Case against you, you can avoid accumulating arrears by never buying "gifts" and only supplying money orders. If you give cash, make sure the opposing party acknowledges receipt of cash in writing. All money order stubs should be saved and labeled "child support." This way, if the custodial parent should ever re-open the child support case, you will have proof of the payments submitted. Far too often, non-custodial parents do not receive proper credit for payments made. The only way to protect yourself is to keep ALL receipts and records.
What if You Have an AgreementIf you and the custodial parent have a REAL agreement to be "taken off child support," it takes more than closing a child support enforcement case. A real agreement must be in writing and signed off by a judge. Thus, the only real way to be "taken off child support" is to (1) File a Petition for Modification of Child Support with the Superior Court, (2) The petition must allege a sufficient reason the non-custodial parent should not have to pay child support ( or example, the parties sharing joint physical custody), and (3) The Order for no child support must be approved and signed by a Judge.