When is someone eligible to have child support withholding stopped?
Someone is eligible to havewithholding stopped when:
What do I need to do to stop child support withholding?
Step 1: Fill out these forms.
Note: These forms should only be used if your Changing a Custody, . You may also use the instructions and forms available in the toolkit: or Child Support I need to change a custody, visitation or child support order.has ended. If your child support obligation has not ended, you may need to file a . For more information about filing a modification case, read this short article:
If you want to stop child support from being withheld from your paycheck by an employer because the child supporthas ended you can:
Use these forms if you want to file thepapers yourself and then give the other party legal of the case:
to Terminate Withholding for
- Fill this out completely in blue or black ink.
- OR of
to to Terminate Withholding for
- Give the other party (the
who receives the support) both of these forms and ask the to sign either form and give it back to you.
- Note: If the other party will not fill out and sign the or of form, you must have the to Petition to Terminate Withholding for Child Support served by a constable, sheriff or private . Use these instructions: How to Serve the Initial Papers.
- The form must be signed in front of a notary. If the of plans to sign the of form, tell the to sign it in front of a notary at least one day after you filed the . Otherwise, the will have to redo it.
- The form does not have to be signed in front of a notary. to to Terminate Withholding for
- Give the other party (the
to Employer to Terminate Withholding for Support
- Fill this out completely in blue or black ink. Ask the to sign it. You should also sign it.
- The form must be completely filled out when the to Employer to Terminate Withholding for Support signs it. You CANNOT make changes to the form after it has been signed by the , unless the initials each change.
Online Guided Forms - Interactive
Step 2: Turn in your petition.
Step 3: Send a file-stamped copy of the Petition to the other party.
Send a file-stamped copy of the Petition to Terminate Withholding for Child Support to the other party. Send it by certified mail, return receipt requested.
Note: If the other party will not fill out and sign the Waiver of Service or Answer to Petition to Terminate Withholding for Child Support form, you must have the respondent served by a constable, sheriff or private process server. Use these instructions: How to Serve the Initial Court Papers.
Step 4: Schedule a hearing.
If the other party signed the or of , call the clerk’s office to learn when and where the hears uncontested cases.
If thewas served and did not file an , determine if your can be finished by :
- A Return of form (stating when and where the was served) has been on file with the clerk’s office for at least 10 days (not counting the day it was filed or the day you go to ).
- The 20-day waiting period for the to file an has passed.
- If the How to Set a . It’s always best to have a lawyer if your Final Hearing is . filed an and will not sign your completed to Terminate Withholding, your is . To finish a , you must set a final hearing. Read this article to learn more:
Read the article Tips for the Courtroom for more information about going to court.
Step 5: Go to the hearing
Be ready to explain to the judge why you are eligible to have the child support withholding stopped
Bring the following with you to court:
- Proof that you sent the to the other party. to Terminate Withholding for
- The for the judge to sign. to Employer to Terminate Withholding for Support
If the judge agrees to stop the withholding of child support, the judge will sign that order.
After the judge signs the order, take the signed order back to the clerk’s office. Ask the clerk to send a
Does it cost anything to file a Petition to Terminate Withholding for Child Support?
Yes. Call the district clerk’s office in the county where the current order was made to learn the fee. If you cannot afford the fee, learn about Court Fees & Fee Waivers.
If you cannot afford the court fees for your case, you can ask the judge to waive the fees by filing a Statement of Inability to Afford Payment of .
Will the Court automatically approve my Petition?
No. The Court will not approve your Petition if:
- You do not meet the requirements, or
- You owe arrears for
Should I talk with a lawyer to find out if I can ask for my child support withholding to stop?
Yes! If possible, talk with a lawyer. You can hire a lawyer just to: