Terminating Child Support in California: Part II
In part I of our two-part series discussing the termination of child support in California, we introduced basic ideas surrounding when child support might be terminated by the California courts. While part I discussed legal grounds that may justify terminating child support, in part two of this series we will introduce the role that courts play in terminating child support obligations. We will also go over some of the steps you need to take to file for a termination, and challenges you may face along the way. For more information on this or any of your child support legal needs – contact one of the esteemed child support attorneys at Cardwell, Steigerwald Young.
The Courts
The court plays a crucial role in termination of child support actions. When a parent wants to stop paying child support: they cannot just act on that inclination. One parent deciding that support is no longer necessary does not cut it. Even both parents, coming together outside of court authority will in all likelihood not be appropriate. Child support is considered very important to the courts, and the legal obligation of child support and the amount to be paid was set forth as a court order. Accordingly, the court also needs to be involved in any changes or termination of that order. The California court acts as the authoritative body that ensures all legal criteria and procedures are met and the child’s best interests are served. The court is an impartial third party and takes its responsibilities seriously.
To make an informed decision on a child support termination request, the court may require petitioners to provide substantial proof of the child’s current circumstances that justify a modification or termination of support. This could include documentation or formal testimony that establishes the grounds upon which a termination could or should be granted. This might result in a formal hearing being held, where both parties have the opportunity to address the court.
Understanding the court’s requirements and successfully navigating them is absolutely required if you are to succeed in a petition to terminate or modify child support. Again, for advice on your own specific situation, contact an esteemed attorney at Cardwell, Steigerwald Young.
Steps to File for Termination of Child Support
Filing a request to terminate a child support obligation will require successfully executing a series of detailed steps. Dropping the ball on this process can result in your application not being processed appropriately or timely. First, petitioners must complete and file the necessary forms with the court. This will include the essential Request for Order (Form FL-300), which will initiate the legal proceedings for termination. This form is crucial, and outlines your request as well as the reasons for seeking termination. You should also be prepared for the possibility that you may need to prepare and present supporting documentation substantiating your claims. This might include proof that your child, for example, is currently and actively enlisted in the military.
After the necessary court forms have been filed, your child’s other parent must be formally notified and served with a copy of the request – along with any supporting documents. Improper or insufficient notification can derail your request. If you have questions, it is always wise to consult an attorney.
The court may require both parties to attend a court hearing where the court will consider the termination of child support request and hear arguments and evidence presented by both parties.
Common Challenges and How to Overcome Them
One common challenge to parents seeking to terminate a child support obligation is gathering comprehensive evidence to support their claim. Another challenge can be the complex and often overwhelming nature of navigating the legal process itself. The procedural requirements can be daunting, consulting with an experienced attorney can be invaluable.
Contact Cardwell, Steigerwald Young
An experienced San Francisco child support attorney at Cardwell, Steigerwald Young can provide pivotal advice on the best strategies you can implement in your own case. Contact our team today to begin discussing your best next steps.
Sources:
selfhelp.courts.ca.gov/child-support
usmagazine.com/celebrity-news/news/jaime-king-requests-court-end-child-support-payments-to-ex/
