In most circumstances, a parent’s obligation to continue paying child support ends when the child reaches the age of majority, which is 18 years old in Texas. It's a good idea to file the request 45 days before the last scheduled payment, according to your calculations. We are not In Texas, the Petition to Terminate Withholding for Child … The first step in stopping child support is to ensure you are in a position to request the termination of your obligation. You can also read some common reasons child support may have ended listed in the Order to Employer to Terminate Withholding for Support form. Once the court grants the request for termination of support, they also file Termination of Income Withholding for Support with your employer. Source: FindLaw, “When Does Child Support End?”, accessed on Feb. 24, 2015, Related Posts: When disabled parents pay child support, What child support is used for, Why parents may seek a DNA test, Overdue child support and homeownership, Same-Sex Marriage and Domestic Partnerships, Voted Top 3 Law Firm in Dallas 2020 By Texas Lawyer. Step 1: Fill out these forms. Will the Court automatically approve my Petition? © 2001–2020. You can hire a lawyer just to: You may also be able to talk with a lawyer for free at a legal clinic. Many Texas parents who are paying or receiving child support have questions about when these payments will end. Locate the court file number from the divorce or child support paperwork. In Texas, paying and receiving child support is a simple process. LegalZoom provides Whether the parent’s obligation ends when the child turns 18 or at some other time, the parent must file a request with the Texas Child Support Division to end the payments. In addition to filing this form with the court, the papers must be properly served on the other party. When is someone eligible to have child support withholding stopped? If a child has not graduated from high school by the time he or she turns 18, the support-paying parent may have to continue paying until the child graduates. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Send it by certified mail, return receipt requested. Here, we'll answer your questions about sending and receiving child support payments. explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, Statement of Inability to Afford Payment of. Someone is eligible to have child support withholding stopped when: Note: Get a copy of your court order to learn when the child support obligation ends in your case. For more information about filing a modification case, read this short article: Changing a Custody, Visitation or Child Support Order. If the child marries, the parent can make a request to terminate the obligation. We cannot provide any kind of advice, By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. © LegalZoom.com, Inc. All rights reserved. If the respondent was served and did not file an answer, determine if your case can be finished by default: Read the article Tips for the Courtroom for more information about going to court. Even if the divorce decree specifically states that the payments ends when a child turns 18, there are often still steps you must take. Parents who are depending on support payments or parents whose wages are garnished to pay support may have particular interest in this issue, as it can mean a significant change in their financial situation. For more useful information go to TexasCourtHelp, a website of the Texas Office of Court Administration's website. was made. Ask the, give you advice and review your forms, or. Should I talk with a lawyer to find out if I can ask for my child support withholding to stop? Step 5: Go to the hearing; Does it cost anything to file a Petition to Terminate Withholding for Child Support? Fill out that paperwork and file with the courthouse. Typically, to stop child support payments, a petition to terminate child support withholding must be filed in the same court that established your original child support payments. If you have paid the other parent child support directly, you can simply cease making payments once you've met the obligation and the court has signed the order. If you cannot afford the court fees for your case, you can ask the judge to waive the fees by filing a Statement of Inability to Afford Payment of Court Costs. , call the clerk’s office to learn when and where the. Your access to the website is subject to our If you cannot afford the fee, learn about Court Fees & Fee Waivers. Parents whose ex-spouses stop their support payments before the state has ended their obligation may have questions about their rights to seek the payments they are owed. What do I need to do to stop child support withholding? Step 4: Schedule a hearing. access to independent attorneys and self-help services at your specific direction. Send it by certified mail, return receipt requested. If the other party signed the Order or Waiver of Service, call the clerk’s office to learn when and where the court hears uncontested cases. Disclaimer: Communications between you and LegalZoom are protected by our Be ready to explain to the judge why you are eligible to have the child support withholding stopped. The parent of a minor child who joins the military no longer needs to pay child support. For more information regarding legal needs associated with marriage, divorce, and child support, consider consulting an experienced attorney. If the court fails to provide this request, the respondent can make the request, but they must attach a copy of the underlying order along with the request. In Texas, the Petition to Terminate Withholding for Child Support requires the following information: You must file the form in the same county where the divorce or paternity case took place. You may also use the instructions and forms available in the toolkit: I need to change a custody, visitation or child support order. Note: Get a copy of your court order to learn when the child support obligation ends in your case. Whether the parent’s obligation ends when the child turns 18 or at some other time, the parent must file a request with the Texas Child Support Division to end the payments. If you need help finding a lawyer, you can: FREE, Not for Sale: The information and forms available on this website are free. to the other party. Name of the petitioner (the person requesting the change), Some identifying information for the petitioner, such as a partial driver's license number or a partial Social Security number, Name of the respondent (the other parent), The names, dates of birth, and Social Security numbers of the children, Date of most recent Order for Withholding from Earnings for Child Support currently in effect, A request to terminate the order for Withholding from Earnings for Child Support. Is custody different in Texas than in other states? by The Webb Family Law Firm, P.C. In Texas, a child support obligation ends when the divorce decree says it ends. The Texas Bar Foundation provided funding for website design. selection of forms or strategies. The Court will not approve your Petition if: Yes! This file number typically appears on the front page of the divorce petition and the court order. Send a file-stamped copy of the Petition to Terminate Withholding for Child Support to the other party. Privacy Policy but not by the attorney-client privilege or as work product. No. If you want to stop child support from being withheld from your paycheck by an employer because the child support obligation has ended you can: Use these forms if you want to file the court papers yourself and then give the other party legal notice of the case: Petition to Terminate Child Support Withholding - Guided Form, Respondent's Answer or Waiver to the Petition to Terminate Child Support Withholding - Guided Form.