How To Terminate Child Support in California? 2024

A child support order is issued in California when a person, typically a biological parent, is found to be financially responsible for a child. There are state guidelines for how to request support, how much support is ordered, and how to terminate child support in California.

Whether you have been requested to pay child support recently or have been making payments in support of a child for years, there are several circumstances that may lead to the termination of child support in CA. It is important to know your rights in cases such as these.

A Child No Longer Qualifies for Child Support

A parent is eligible for child support payments as long as the child is under 18 or has not graduated from high school and is 19. After this time, a child is no longer legally eligible to receive financial support unless the adult child is disabled. Payments should then be terminated.

In cases where the child is under 18 and marries, becomes legally emancipated, or joins the military, a request to terminate child support may be submitted to your county’s family court. Child support also ends if the child passes away.

Paternal Rights Are Terminated

You may also request child support payments be terminated if your parental rights are terminated. Since a child is expected to have two parents, it is not simple to terminate parental rights. This may only occur in specific circumstances.

A parent’s legal paternity may be terminated if there is a stepparent or couple who is willing and able to legally adopt the child. The court may also terminate parental rights if the parent’s relationship is detrimental to the well-being of the child. Another way to terminate parental rights is by proving that you are not the child’s biological parent. In all of these cases, child support may be terminated.

A Child’s Living Arrangements Have Changed

A child’s living arrangements can determine who receives child support and how much. Both parents are expected to provide for their children financially. If a child is living with one of the parents, the noncustodial parent may be required to pay child support to contribute to the expenses of raising the child.

If the circumstances of a child’s living arrangements have changed since the child support agreement was determined, you may be able to request that the child support payment be terminated. This might happen if the child is no longer living with the other parent or if they are spending most or all their time with you.

Circumstances When Child Support Can Be Modified

There are only a handful of reasons why a child support order may be terminated. As long as the child is eligible, a parent is required to pay child support, regardless of their relationship with the child or their financial situation.

There are several factors that go into child support calculation, and therefore, your child support payments, though they cannot be terminated, can be modified if there are changes to those circumstances. Though the law is there to protect the welfare of children, parents are afforded opportunities to meet their responsibilities towards their children without this becoming an excessive burden. These can include:

• Changes to income or either parent’s household size and filing status.
• Spousal support orders owed to the other parent or a former spouse.
• Child support payments made to other children.
• Changes in a child’s living arrangements.
• Financial hardship, including a job loss or high medical expenses.

California law makes it clear that both parents are equally responsible for a child’s financial well-being until they become adults. Whether both parents are providing for a child under one roof or they are separated, they should each play their part in covering their expenses. Speaking with a qualified child support attorney may help you navigate the process of terminating child support, exploring your options for reducing payments, or paying back owed child support.

FAQs

Q: Can Both Parents Agree to Stop Child Support in California?

A: Both parents may agree to stop child support payments in California. They should submit a stipulated agreement with the family court judge, who can sign off on an agreement as long as it is in the child’s interest. A child support case may be reopened, however, upon request by either party or if welfare benefits are requested for a child.

Q: How To Get Child Support Arrears Dismissed in California?

A: Generally, child support arrears cannot be dismissed in California. There may be exceptions if the child was not legally eligible to receive child support during a specific time when the child support order was enforceable. Child support arrears may also not be owed from the date you requested termination of child support orders if the request is approved.

Q: What Is the New Child Support Law in 2024 in California?

A: A new child support law in 2024 in California has made changes to the child support calculation formula. It has introduced additional factors that have broadened the definition of low income. This, in turn, may provide relief to parents who are required to pay child support, helping ensure that the calculation does not place an undue burden on them.

Q: What Is the Minimum Child Support in California?

A: There is no minimum child support amount in California. A child support order amount is based on a predetermined calculation that takes into consideration factors, including the income of both parents, their household size, the time the child spends with each parent, and any other child support payments either parent owes.

All American Law – Family Law & Divorce Law Firm

Whether you are looking to terminate a child support order where you are ordered to pay, or you would like to learn more about how to modify the amount of child support expected of you, it is in your interest to speak with a qualified family law attorney. At All American Law, we understand California’s child support system and can help ensure that child support orders are fair for all those involved.

Contact us today to speak with one of our qualified attorneys about your case.