Navigating Child Support: Can Agreements Replace Court Orders?
Is there any way to stop child support outside of court? I Tulsa attorney James Wirth that is the question that we have. So it sounds like somebody has a child support order in place. They want to put a stop to it and they want to know if that can be done outside of court.
Most of the time we see this, it’s where the parties have agreed. We’ve got an agreement. Hey, can we just sign this document, notarize it, and be done with it? And the answer is generally no. If there’s a child support order in place and we need that order to stop, then the court has to order that.
Understanding Child Support Modification
Frequently there are income assignments in place, wages being garnished from that. So you’ve got to get an order stopping that garnishment. Even if there’s not an order, by operation of law, that child support continues. And it improves, and it gets interest on it, and it’s automatic judgment.
So if you enter into an agreement with the other side, even if it’s signed and notarized, it may be agreed by the parties, but it’s not agreed by the judge. And the judge is the one that made the last order. So the judge can still enforce that, even though both parties agreed to do something different.
Seeking Legal Counsel for Child Support Modifications
If the parties are in agreement to do something different, go that extra mile, file with the court, so you can get it entered as an agreed order modifying. That’ll change it going forward. But I don’t know exactly what the circumstances are for the person that’s asking this question. There are other circumstances where it may be appropriate to be automatic.
Okay, so if you have kids on a child support order, those kids age out eventually, right? So if the kid turns 18 and has already graduated high school, then that child ages out at that point. If they turn 18 and they’re still in high school, then they age out when they turn, I believe it’s 21, or when they graduate high school.
Take Action Today
If you’re dealing with this circumstance, you definitely want to talk to a Tulsa attorney to get specific legal advice that is good for your circumstances. To get that schedule with a Tulsa child support attorney at Wirth Law Office in Tulsa, you can go online to makelaweasy.com or call us at 918-879-1681 to schedule a low-cost initial strategy session.
