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If unwed parents plan to get married, how can they terminate child support?

QUESTION:

If the mother of my child and I get back together and plan to get married how can we terminate child support?

ANSWER:

In my opinion, the easiest, surest, best way to terminate your child support obligation is to marry, not to “get back together with the intent to marry at some future time,” and then move/petition to terminate the child support withholding and child support order, retroactive to the date you married.

Once you are married, then you should notify the Office of Recovery Services (ORS) of the marriage (I’d send ORS a copy of the marriage certificate) and your wife/child support recipient should make a formal, written request to ORS (using their procedures) to stop collecting child support. I would also move the court (the court may require a petition in lieu of a motion) to order the child support award terminated.

See also Utah Code Section 78B-12-109(3):

78B-12-109. Waiver and estoppel.

(1) Waiver and estoppel shall apply only to the custodial parent when there is no order already established by a tribunal if the custodial parent freely and voluntarily waives support specifically and in writing.

(2) Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child.

(3) A noncustodial parent, or alleged biological father in a paternity action, may not rely on statements made by the custodial parent of the child concerning child support unless the statements are reduced to writing and signed by both parties.

Sincerely,

Eric K. Johnson, Utah Family Law, LC

Office: (801) 466-9277

Mobile: (801) 450-0183

eric@divorceutah.com

divorceutah.com

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