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Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1497
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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How can I get out of paying child support

Customer Question

How can I get out of paying child support?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lawrence D. Gorin replied 5 years ago.
ANSWER:
Ways of getting out of having to pay child support:

    1. Arrange to have the child adopted by somebody else (so you cease being the child's parent).

    2. Die (and thereby stop being the child's parent).

    3. Obtain legal custody of the child (so that the other parent then pays child support to you rather than the other way around).

    4. Become totally disabled, with no source of income other then Supplemental Security Income (SSI) or other form of general assistance.

    5. Get convicted of a felony offense and be incarcerated in prison for the remainder of the child's minority years.

    6. Reach an agreement with the other parent whereby she agrees to a stipulated court order terminating your child support obligation. (But you may find that many judges will not sign such an order.)

There may be yet some other ways to get out of paying child support, but the ones listed above are all that to mind at the moment.

Keep in mind that is the policy of the law to have parents support their child, thereby relieving the taxpaying public of having to otherwise pick-up the tab through public welfare programs. So once you become a parent, it is generally rather difficult to get out of paying child support, particularly if you are the noncustodial parent.

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Customer: replied 5 years ago.

Don't get me wrong I don't want to not support my children, I just don't want to pay the mother a certain amount, when I can just take care of their needs on my on. Without having to be restricted to pay a certain amount. Will joint/shared custody help me with that?

 

send it to XXXXX@XXXXXX.XXX

Expert:  Lawrence D. Gorin replied 5 years ago.
ANSWER:
     My apologies for misunderstanding your initial question. My fault. I should have realized that when you said “How can I get out of paying child support?” what you were actually and clearly asking was how you could fulfill your child support obligation through a means or method other than payment of money to the other parent.

     State procedures and requirements for payment of child support by noncustodial parents are heavily controlled by federal laws and are thus pretty-much the same throughout the country. Under these procedures, the government does not trust you to just take care of your children’s needs on your own, without having to be restricted to paying a certain amount each money as set by a court order.

     However, there may be some creative ways of getting around the usually required legal procedures.

     For example, you and the child’s mother can reach an informal agreement whereby she pays back to you each month all or some of the child support money she otherwise receives from you.

     Alternatively, the mother can request that all existing orders requiring you to pay child support be terminated, thus leaving the entire matter in the private hands of you and the other parent, without any governmental involvement.

     Thirty years of family law legal practice has taught me that it is extremely rare for a custodial parent (particularly the mother) to voluntarily agree to either of the aforementioned arrangements. In essence, the custodial parent is, as a matter of law, ENTITLED to receive child support from the noncustodial parent. And the only way around that is if she voluntarily gives up (waives) her legal right. And they generally are not willing to do that. So you end up having to pay support in the same manner as all other noncustodial parents. And this is usually true even if your have joint/shared custody (unless you end up having the child spending the majority of overnights with you and your income is less than the other parent’s income).

===========================
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