What Happens to Child Support if Divorced or Separated Parents Get Back Together?
Does getting back together mean the end of child support? It depends!
As with nearly every legal question we get in our practice, there is no clear-cut answer to whether getting back together means the end of court-ordered child support. There are a lot of factors at play and a very specific process that must be followed when two parents get back together and wish to end child support payments.
Though many petitions are granted by the court upon consent from both parties (or proof of a significant change in circumstances), ultimately, it’s the court’s decision whether the child support order is terminated or upheld. The court will be most concerned about the chances that a child’s needs go unmet should the legally mandated child support order end.
The biggest factor that will weigh into the court’s decision to uphold or end child support is what the relationship looks like at the point of petition. We’ll get into what “petitioning” means later, but for now, let’s cover the root of this issue: What does “getting back together” actually mean in the eyes of the court?
What does “getting back together” look like?
Getting back together is just the casual term for what a court would call “reconciliation.” What makes the termination of child support so complicated is that reconciliation can mean a few different things and may look different from case to case. You can always file to modify or end a child support order, but the specific situation may make it less likely that the court will grant the petition — and certain situations should push you to think twice about the petition.
While there are always exceptions to the outcome of these situations, here are a few different possible reconciliation situations and how they may impact child support.
The parents have reconciled, but they are not married or living together:
In cases where two parents have been living separately and decide to reconcile but not move back into the same residence, there are very few physical barriers that would prevent one party from leaving the other and no way to legally reinstate child support. So, it’s important that both parties (but especially the party receiving child support payments) think carefully about filing to end a child support order if you’ve reconciled but are not living together.
The parents have reconciled and have decided to live together with their child again:
Reconciling and moving back in together shows a court a higher level of commitment and may make it easier to obtain a termination of the child support order. But, living together is not legally binding, and one party could move out and end the relationship at any point without legal consequences, so it’s probably worth considering keeping the child support order in place in the chance that the cohabitation doesn’t work out again.
The parents have reconciled and will seek remarriage in addition to living together again:
If the parents decide to remarry, ending the child support order is much simpler and comes with fewer risks because, in the event of a second divorce, a new child support order could be issued at that point. Remarrying is like hitting the “reset” button, and things can either return to how they were pre-divorce or new divorce proceedings will occur.
How to petition to end a child support order
Regardless of what reconciliation looks like in your unique situation, child support will never end automatically or without a decision from the court (unless an end date or situation is specified in the original order). And so you must file a petition, either individually or jointly, with the court to modify or terminate the child support order, citing reconciliation as the major event justifying the change.
When only one of the parties petitions, it’s called a Motion for Modification, and it aims to show the court that circumstances have changed (in this case, that you are back together with your ex-spouse) and that the child support order should be modified or terminated completely. After the other party serves the motion packet on the other party with the request, the respondent can agree to the terms, request a hearing, or correct information.
Once consent is reached by both parties, the court will make the final decision on whether the modification will be granted.
If the parties agree to terminate child support they can cooperate to file a Supplemental Judgment to terminate the support obligation. The joint nature of this filing can fast-track this process and lead to a quicker modification or termination of the order.
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If you’ve recently gotten back together with an ex and wish to end your child support order, you should submit paperwork to modify and terminate the support obligation, and a family law attorney can help you navigate this process and ensure the best outcome for your situation.
Reach out to DBMA Family Law Group today, and let us support you!