If a non-custodial parent assumes full financial responsibility for a child can he stop paying child support to the mother?
and the kid is 18 so he can’t get custody
Depends on the divorce agreement. And it depends on the laws in your state.
I am no expert, but seems like if the kid is over 18, and the non-custodial parent has full financial responsibility, that could happen. But it really does depend on your agreement. In many cases, once the kids turn 18, there is no child support (my ex paid 0 once my kids turned 18. I could have fought him for the couple of months before they graduated from high school, but it wasn’t worth the struggle).
Check your agreement. If it continues, you would have to go to court. Just paying room and board doesn’t eliminate support, as the other parent still has to keep a house/room open, so you’d have to get that changed or agreed to.
@HRSMom well there’s 2 kids in my family so what my dad wanted to do was give her half and then give me the other half to cover my own expenses like food, clothes, etc. so not just room and board
Depending on which state you live in and what the agreement says. In NY state, child support continues until 21. I don’t know if child support can go directly to children.
Child support continues in NJ for a lot longer than 18…my ex paid it until D2 graduated college ( 5 year due to co-ops ) So we got it until she was just short of her 23rd Bday
It cannot go directly to the child, even after 18. A judge would need to get involved for that to happen.
There is no one size fits all answer for this. It really depends on the rules of the state you live in and what your settlement agreement states. Unfortunately in our case the noncustodial parent declined college costs and support so child support ended at 18. Support after 18 was not addressed in our settlement agreement. Contacting an attorney would be best.
To answer the first question, if circumstances change (child moves in with other parent, parent wants to pay school and not ex, change of jobs and income), you really should change the order with the court. If the parties agree, often it only takes a signed statement to the court and sometimes a magistrate will approve it. Courts don’t want people to just decide to make changes, or one side decides that since kids are now living with him, he’ll pay less.
Don’t change payments without changing the order.