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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Can a custodial parent terminate child support orders and end

Customer Question

Can a custodial parent terminate child support orders and end service through the Arkansas State office of child support enforcement by simply mail or faxing a signed affidavit requesting to end their services and to terminate the support orders at anytime, because the custodial and none custodial have made other arrangements?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
No, they would need to make contact with the state agency and have a stipulation of the agreed terms prepared and submitted to the court for approval before support can be terminated. Generally the custodial parent can agree to a different arrangement, but it must be submitted as part of a stipulation requesting approval by the court. This will not relive the non-custodial parent from any arrears that still need to be paid.



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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


Customer: replied 7 years ago.

I don't owe any arrears. I have over paid for years of what the original order stated I had to pay +$5000. Neither the mother nor I ever requested an adjustment n the original order. She can't do anything with the child so she turning him over to me.

Expert:  Attorney & Mediator replied 7 years ago.
Thank you for the clarification.

Okay, then this is what will have to be done:

1) Since she is giving you custody, you must first file for a modification of the custody orders. This will be done through a stipulation of the new agreed parenting arrangements. You need to first change custody to name yourself the custodial parent in order to then proceed with getting child support stopped.

2) Once you have a court order showing you have changed custody, you can then agree to have support stopped or collected from her if that is what you want to do.


Given that the state is involved, it is unlikely they will proceed in terminating support until they see an order changing custody over to you.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


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Customer: replied 7 years ago.

 

Will temporary or jont custody get the child support order ended?

Expert:  Attorney & Mediator replied 7 years ago.
A temporary change in custody will only terminate child support for that temporary period of time.

Joint custody does not terminate child support unless both parents are making about the same amount of income and have about the same number of overnights.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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