My Ex Wants Custody to Avoid Child Support Payments

When reading this article lets’ assume one thing.  That is, both parents want what is best for their children and are not looking to unjustly cutback on the quality of life for their children.  When one parent is required to pay child support to another, it is supposed to be for the benefit of the children.  However, the payer of the support may want to reduce or eliminate the monthly payments for various reasons.  The most common reasons include the fact that this amount may be difficult to pay each and every month.  Another reason is that they want more direct control as to how funds are used each and every month.

How Custody can Affect Support Payments

It is important to understand that the only time a parent is not required to pay child support is in cases of sole-custody.  This means that changing custody status does not automatically mean amounts will reduce or disappear.  In joint-custody cases, child support may still be in place.  This is especially true if the parent receiving these payments still uses the fund for the benefit of the child’s life.  This includes items such as schooling, medical care, and extra-circular activities.

But I want to eliminate my child support payments, what now?

It is unlikely in most cases that support will be eliminated completely unless sole custody is granted.  In Utah, this is not likely to happen unless problems like abuse or neglect are happening.  The first obligation of the court is to make sure the children are safe.  If there is legitimate evidence that the children are at risk, the judges are likely to remove the children from this dangerous situation.  It is unlikely that you will be taken at your word.  This means that if there is evidence of abuse, it must be gathered.  This includes pictures, letters or notes from school officials, or medical records that show the child has been hurt or wounded.

Seek legal advice before taking action

We are here to help whatever side of the fence you may find yourself on.  If you are a parent seeking to reduce or remove obligatory child support payments, speak with an attorney.  On the other side of the coin, if your ex is trying to gain sole custody to dodge support payments, seek legal counsel.  Either way, the stakes are high and it is important to ensure your legal rights are being upheld.  Contact a family law firm near you to schedule a case review and see where you stand in the eyes of the law.