How can my husband stop paying child support if his child resides with us?

Asked on September 23, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This will sound odd, but the answer is "yes" and "no."  If he is moving back in to live with you long term and child support was set up by an attorney with the AG's office, they may decide to wait and see if he sticks around.  There have been occassions where they refused to modify because they know that dad will be tempted to leave mom and kids again once the child support is lift... and then they have to start all over again.

If you have regular child support payments (no AG, CPS, or similar agencies), the you can filed a petition to modify or terminate the child support obligation.  If your child support exists because of a child support order, then the only way to terminate the child support obligation is by going back to the judges and presenting a joint modification requesting modication of the previous agreement.

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