The non-custodial parent will then receive a court order requiring the payment of child support. If the non-custodial parent continues to decline paying child support, it can result in several consequences. For example, the court can order their wages to be garnished. Not paying child support can result in serious consequences.
This should come as no surprise since the welfare of a child is considered the top priority when it comes to child support cases. For example, the non-custodial parent may lose their job and be unable to make payments because they are currently unemployed.
If you did not receive notice of did not find out about the support case in time to file a response and a default judgment was entered against you, you can file a request for order to set aside the default judgment.
You must file this request within a reasonable time, but no later than 6 months after you get notice or find out, or should have reasonably found out, that there is a support order or that your income or other property is going to be taken to pay for the support. If the summons asking for an order for support was served on you according to the law, you cannot use this law to ask for a set aside, even if you claim you did not receive actual notice of the case. If you file a request for order to set aside, you must explain to the judge that the fact you did not receive notice of the support request was NOT due to your own avoidance of service or inexcusable neglect.
Request for order to set aside a default judgment for child support based on presumed income, under Family Code section You should discuss your plan with your child before applying for cancellation, since he or she must consent to the new arrangement.
To apply for the cancellation of child support payments, you should take the steps that match your own situation. Before filing your application, you can take part in a family mediation session with your former spouse and your child.
If the respondent was served and did not file an answer , determine if your case can be finished by default :. Read the article Tips for the Courtroom for more information about going to court. Be ready to explain to the judge why you are eligible to have the child support withholding stopped. If the judge agrees to stop the withholding of child support, the judge will sign that order.
Ask the clerk to send a certified copy to the employer that is withholding support from your paycheck. Get a copy of the signed order for your records. 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 Court Costs. The Court will not approve your Petition if:. If you need help finding a lawyer, you can:. Common Topics.
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