Q&A: Can Child Support Obligations be Terminated if my Child Now Resides With Me?


Child support obligations
Can you terminate your child support obligations?

Your child support obligations can be terminated even when the child is still a minor and has not reached the age of majority or emancipation, but you would have to show a serious change of circumstances and provide proof to the court of your contentions. The mere fact that the child now “resides” with you and not with the habitual custodial parent may not be enough. It depends on whether the move was permanent or not and it depends on other factors.

Just because the child spends a lot more time at your place (maybe the child sleeps over most nights because they go to school in the area where you live, for example), is not proof that the child’s permanent residence has changed. If you cannot demonstrate that the child’s permanent residence has been permanently changed, you will not be able to get out of paying child support as a general rule.

So you need a change of address form. You need the child’s testimony. You need even acquiescence from the usual custodial parent. You need phone records, school records, emails, etc that point to the fact that the child now permanently resides with you. The fact that the child spends most of his or her time at your place now is not going to be enough usually to establish a change in residence that would then warrant you getting a child support downward modification or outright elimination of your child support obligations.

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