Most child support payers assume that when their child turns 18, they don’t have to pay child support anymore. This is not always true, especially if the payer has back-owed child support or there were special provisions set out in their child support paperwork. Also, if the child has a special need, then the courts may require the payer to continue making payments.
Opting for a Lump Sum Payout
While it is true that most child support payments are paid in monthly installments, there are some parents that opt for a single lump sum payout. This is an extremely rare case, but some parents who have the liquid assets prefer to pay it all out at once rather than over time.
If you chose to pay a lump sum, then you may not be required to continue paying; however, it is best to speak to a Miami family law attorney before stopping any payments.
Requesting a Modification
If you need to stop your child support payments, you will want to request a child support modification from the courts. This will require the assistance of a family attorney. Some accepted reasons by the court include, but are not limited to:
- Significant change in finances – such as taking a pay cut, losing your job or even retiring.
- Spouses’ change in income or financial status. Perhaps your ex has gotten a high paying job or has remarried.
- Medical issues. Whether you are too sick to work or you have a severe illness that has affected your finances, these are viable reasons.
Presenting a Case to the Court
You will need to present your case to the court for modification. You need to supply documentation proving the reasons you are requesting a modification. In some cases, your ex-spouse may be willing to work with the modification so that you do not have to go to court. But, if your request is contested, you will have to present your case to a judge.
What About Spousal Support?
Ending spousal support is much easier than stopping child support payments. Because spousal support is often used as a bargaining chip–and sometimes a way to get back at the other spouse–judges may be more willing to stop these payments, but you need a Miami family law attorney by your side.
Contact the Law Offices of Aliette H. Carolan today for assistance with your child support modification or request to stop spousal support. We offer consultations, so call us at 305-358-2330 now.
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