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Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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How do I request a motion to cancel child support that ...

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How do I request a motion to cancel child support that was filed by the custodial parent and not a result of a divorce?

Under most state statutes, no divorce proceeding must be commenced to collect child suport. All that is necessary is to demonstrate parties are separated and one is providing the majority of custody for the children.

If you file for divorce or legal separation, you may have the actions consolidated.

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Customer: replied 10 years ago.
You misunderstood the question, I want to know how to file a motion to stop or cancel child support currently being paid?

Do you mean you are the person who is receiving support?

Customer: replied 10 years ago.
Reply to Lawmoe's Post: Did you get my question? I believe you misunderstood my original question so I re-worded my original question.
Are you the one receiving child support or paying child suport? What is the reason for the termination of support?
Customer: replied 10 years ago.
Reply to Lawmoe's Post: I am the payor. My son is coming to live with me this year in August, but the mother is being nice to me and said she wishes to cancel the support ASAP!

The parties would have to execute a Stipulation and Order to terminate child suport that is presented to the court and signed as an order. It cannot be done without a court action. The easiest way is to file a Motion to terminate child suport and have her appear in court and agree to that termination.

That is the only way to modify an existing order.

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