Often times parents come into our office stating that the custodial parent "closed out" on their child support case with the Office of the Attorney General. Because of this action, parents assume that they are no longer obligated to pay child support. Unfortunately, this is incorrect and does not get an obligor off the hook for paying court ordered child support.
Here's why:
Child support is an order from the court for an individual to pay a predetermined amount of support for a child. This amount is often paid through the Office of the Attorney General State Disbursement Unit. This office acts as an accountant for both parents and has the authority to enforce child support orders when violated. The only way to end a court order is by getting another court order.
When a parent "closes out" a case with the OAG's office, they are essentially telling the office to stop accounting and collecting money on their behalf. It DOES NOT end the parents obligation under the court order. Because of this, if the non-custodial parent does not pay his/her support amounts, they could find themselves in jail or thousands of dollars in arrears for violating a court order.
If both parents agree to end child support, the proper way to end the obligation is by filing a motion with the court to terminate child support. The order MUST BE SIGNED BY A JUDGE to be effective. Ask the OAG is this has been done. If it has not you are still obligated under a court order to pay child support.
If you need help with your child support case please contact our office for a consultation (832) 408-0289.
