Legal Question in Family Law in Ohio
ending both visitation and child support
my ex wife (NCP) wishes to give up her visitation rights, as well as discontinue paying child support.
I agree on both counts.
I realize that these are two separate issues, but is it possible to voluntarily stop child support and change visitation so that the children (13 and 10) can choose when they want to visit?
3 Answers from Attorneys
Re: ending both visitation and child support
Most courts will accept an agreed entry changing the existing order of custody or visitation so long as it is in the best interests of the child.
If the custodial parent receives either cash or medical assistance for the children, the right to support is assigned and you will not be able to terminate or deviate from the order.
If no assistance is involved, some courts will terminate or suspend the order. The statute requires a child support guideline and a deviation from that order down to zero, so this is the better method.
Re: ending both visitation and child support
No it is not. The obligation to pay or not pay child support cannot be agreed to between the parties. The court will require that support be paid.
A parent can choose whether or not to exercise their visitation, but not support.
Re: ending both visitation and child support
Changes in child support require court approval. Changes in parenting time can be agreed upon between the parents.
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