By Karen RinaldiPublished November 09, 2018 08:55:11Child support orders are written for a period of time, usually three years, after a child is found not to be in the custody of the parent who filed the order.
If the court finds the child in the parent’s custody and the parent is not yet incarcerated, then the order is lifted.
But if the child is already in the mother’s custody, the order can be lifted only if the court determines the child’s welfare is in jeopardy, such as if the mother has moved out of the state or if the parents have been separated.
The order can also be lifted for minor child abuse or neglect, which usually occurs when a parent commits a crime that the child can’t remember, such a burglary, or when the child falls under the jurisdiction of a law enforcement agency.
But there are other reasons a court might revoke a child support obligation.
A child support enforcement agency can revoke a parent’s child support orders after the child becomes a ward of the court, dies, or has been discharged from the system.
The child can also become a ward if the parent becomes incapacitated due to the child abuse, neglect, or physical or mental abuse of the child.
Child support enforcement agencies can also revoke child support obligations if the children welfare is endangered by the abuse, including if the person or family responsible for the child has a history of serious physical or psychological abuse, serious sexual abuse, or a history that a parent or child abused the child, or if a parent is in a position to influence the behavior of the children.
The courts can also dismiss the order after a parent makes a good-faith effort to stop the child from having contact with the other parent or if an adverse finding from the court prevents the other party from enforcing the order on the child or his or her immediate family.
For example, a court may dismiss a child’s child custody order if the other family member refuses to comply with the order because the child did not attend school or participate in other school activities.
If an adverse discovery is made that an adult or child who is not the parent has committed a crime against the child that resulted in the order, then that person or that child can be held in contempt of court.