In most cases when a couple gets divorced, if children are involved who are minors, child support will be mandated. Typically, the noncustodial parent will be required to make payments to the custodial parent. The amount that is paid will be determined by court order or an agreement made by both parents. However some circumstances arise where a parent can legally avoid the responsibility of paying child support.
Agreement Between Both Parents
One way in which child support can be legally avoided is if both parents reach a settlement agreement were child support is refused. If the court complies with the wishes of both parents, no parent will be legally liable for paying this assistance. There may be many reasons why child support would be avoided in a divorce agreement. Most of the time, it’s because a noncustodial person has a smaller salary than the custodial parent.
These type of agreements are usually overseen by attorneys who help negotiate the terms. It’s often just one portion of the divorce process and paperwork that needs to be filed.
Child Support Termination
In some cases, child support payments that have been ordered by the court may be terminated. When this is done, it can be expensive and time-consuming. This might be done if the person paying the child support becomes incarcerated or loses their job.
Other circumstances will also aid in ending a child support agreement. This type of situation may involve the death of a parent. In some instances, children may begin living with the noncustodial parent who is currently paying child support. If this occurs, it may be more fair to terminate the child support payments.
The age of a child will also aid in terminating child support. In some states, child support must be paid until a child reaches their 21st birthday. In other states, a parent can legally avoid paying child support when their child turns 18.
A few other options are also used to legally avoid paying child support. If a noncustodial parent is currently paying child support and decides to let another adult adopt the child, they may be able to legally stop making payments. Also, if a child has been emancipated or enlisted for active military duty, these circumstances may warrant the termination of child support.
It can be complicated and time-consuming to pursue the options that allow a parent to stop making child-support payments. However, it is still an option that is available. If a person wants to pursue this path, it’s advisable to hire legal counsel who understands the ins and outs of all of the legalities surrounding child support laws.