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Understanding the Agreed Motion to Terminate Child Support form is crucial for parents navigating the complexities of child support obligations. This form serves as a formal request to the court, initiated by both the Obligor, the individual responsible for making child support payments, and the Obligee, the recipient of those payments. It is essential to accurately fill in the court information, including the cause number and the specific court handling the case, as this ensures the document is processed correctly. The form requires the names and details of the children involved, including their birth dates and Social Security numbers, to establish the context of the support agreement. Additionally, the reasons for terminating the child support order must be clearly indicated, with options ranging from the children reaching the age of majority to changes in family circumstances, such as marriage or military service. By submitting this motion, both parties are seeking the court's approval to discontinue the withholding of child support payments, which can significantly impact their financial situations. The process involves careful consideration of legal requirements and the completion of necessary signatures in the presence of a notary public, reinforcing the importance of accuracy and compliance in this legal matter.

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NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

Print court information exactly as it appears on your final order.

Cause Number:

In the interest of (List children):

1Name:

2 Name:

3 Name:

4 Name:

5 Name:

6 Name:

In the ______________

Court Number

District Court County Court of:

__________________________ County, Texas

Agreed Motion to Terminate Withholding for Child Support

This Agreed Motion to Terminate Withholding for Child Support is brought by the Obligor and Obligee.

1. Obligor and Obligee

The Obligor is the person ordered to pay child support under the withholding order.

The Obligor’s name is: _________________________________________________________.

Print the full name of the person ordered to pay child support under the withholding order.

The Obligee is the person who receives child support under the withholding order.

The Obligee’s name is: _________________________________________________________.

Print the full name of the person who receives child support under the withholding order.

2. Children

The following children are the subject of this suit:

CHILD 1

 

 

 

 

 

 

Name

 

 

 

 

 

 

Date of Birth:

 

 

Social Security #:

XXX-XX-___

___

___

___

CHILD 2

 

 

 

 

 

 

Name

 

 

 

 

 

 

Date of Birth:

 

 

Social Security #:

XXX-XX-___

___

___

___

CHILD 3

 

 

 

 

 

 

Name

 

 

 

 

 

 

Date of Birth:

 

 

Social Security #:

XXX-XX-___

___

___

___

CHILD 4

 

 

 

 

 

 

Name

 

 

 

 

 

 

Date of Birth:

 

 

Social Security #:

XXX-XX-___

___

___

___

©TexasLawHelp.org Agreed Motion to Terminate Withholding for Child Support, February 2014

Texas Family Code, Chapter 158

Page 1 of 3

CHILD 5

Name

 

 

 

 

 

 

Date of Birth:

 

 

Social Security #:

XXX-XX-___

___

___

___

CHILD 6

 

 

 

 

 

 

Name

 

 

 

 

 

 

Date of Birth:

 

 

Social Security #:

XXX-XX-___

___

___

___

3. Order in Effect

The Court signed an order to withhold from earnings for child support on: _________________.

month / day / year

This order is currently in effect.

4. Reason[s] for Termination of Order

The Order for Withholding should be terminated because:

(Check all reasons that apply.)

The child/children named: __________________________________________________

has/have reached the age of eighteen years and is/are no longer fully enrolled in an accredited secondary school in a program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit pursuant to section 130.008 of the Texas Education Code or enrolled in a private secondary school in a program leading toward a high school diploma.

The child/children named: ___________________________________________________

is/are married.

The child/children named: ____________________________________________________

has/have died.

The child/children named: ____________________________________________________

has/have begun active duty in the United States armed forces.

The disabilities of the child/children named: ______________________________________

have been otherwise removed for general purposes.

The court has modified the child support orders and the person ordered to pay child support is no longer ordered to pay child support.

The person ordered to pay child support and the person receiving child support have married/remarried each other, and no nonparent or agency has been appointed conservator of the child/children under chapter 153 of the Texas Family Code.

The court has terminated the parent-child relationship between the person ordered to pay child support and the child named: _____________________________________________

based on genetic testing results that determined that the person ordered to pay child support is not the child's genetic father.

©TexasLawHelp.org Agreed Motion to Terminate Withholding for Child Support, February 2014

Texas Family Code, Chapter 158

Page 2 of 3

5. Termination Sought

Since the order for child support has terminated, the order to withhold for child support should be terminated by this Court.

6. Prayer

We ask the Court to grant this Agreed Motion to Terminate Withholding for Child Support.

Obligor (Person ordered to pay support): Do not sign until you are in front of a notary.

 

(

)

 

Obligor’s Name (print)

 

 

Phone number

 

 

 

 

 

 

Obligor’s Signature

 

 

Date

 

 

 

 

 

 

Mailing Address

City

State

Zip

 

 

 

 

 

Email Address

 

 

Fax # (if available)

 

State of Texas

County of ___________________________

SIGNED under oath before me on ___________, 20___, by __________________________________.

 

 

Print full name of person signing.

 

Notary seal here

_____________________________________________

 

Notary Public, State of Texas

 

 

 

 

Obligee (Person who receives support): Do not sign until you are in front of a notary.

 

 

(

)

 

 

Obligee’s Name (print)

 

 

Phone number

 

 

 

 

 

 

 

 

Obligee’s Signature

 

 

Date

 

 

 

 

 

 

 

 

Mailing Address

City

State

Zip

 

 

 

 

 

 

 

Email Address

 

 

Fax # (if available)

 

State of Texas

County of ___________________________

SIGNED under oath before me on ___________, 20___, by __________________________________.

 

Print full name of person signing.

 

_____________________________________________

Notary seal here

Notary Public, State of Texas

©TexasLawHelp.org Agreed Motion to Terminate Withholding for Child Support, February 2014

Texas Family Code, Chapter 158

Page 3 of 3

Form Specifications

Fact Name Description
Purpose This form is used to request the termination of child support withholding orders.
Governing Law The form is governed by Texas Family Code, Chapter 158.
Parties Involved The Obligor is the person paying child support, while the Obligee is the person receiving it.
Children Listed The form requires the names and details of all children involved in the support order.
Termination Reasons Reasons for termination can include the child's age, marriage, death, or military service.
Notary Requirement Both parties must sign the form in front of a notary public for it to be valid.
Effectiveness The court must approve the motion for the termination to take effect.

Agreed Motion Terminate Child Support: Usage Guidelines

Once you have completed the Agreed Motion to Terminate Child Support form, the next step is to submit it to the appropriate court. Ensure that all required signatures are notarized before filing. This form is a crucial step in formally ending the child support withholding order.

  1. Begin by filling in the Cause Number exactly as it appears on your final order.
  2. List the names of the children involved in the case under the section In the interest of.
  3. Specify the Court Number and the County where the court is located.
  4. In the section titled Obligor, print the full name of the person ordered to pay child support.
  5. In the section titled Obligee, print the full name of the person who receives child support.
  6. For each child, provide their Name, Date of Birth, and Social Security Number (only the last four digits).
  7. Indicate the date the current order to withhold child support was signed.
  8. Check all applicable reasons for terminating the order from the provided list.
  9. State that the order for child support has terminated and that the court should also terminate the withholding order.
  10. Have both the Obligor and Obligee sign the document in front of a notary public. Ensure that all personal information is filled out correctly, including phone numbers and addresses.
  11. Finally, ensure that the notary public completes their section and affixes their seal.

Your Questions, Answered

What is the Agreed Motion to Terminate Child Support form?

This form is a legal document used to request the termination of child support withholding. It is typically filed when the circumstances surrounding child support payments have changed, such as when a child reaches adulthood or other qualifying reasons outlined in the form.

Who are the parties involved in this motion?

The two main parties are the Obligor and the Obligee. The Obligor is the person who pays child support, while the Obligee is the person who receives it. Both parties must agree to the termination for this motion to be valid.

What information is required on the form?

The form requires specific details, including the names of the children involved, the names of the Obligor and Obligee, the court information, and the reason for terminating the child support order. Accurate and complete information is essential for processing the motion.

What are some reasons for terminating child support?

Reasons for termination can include the child reaching the age of eighteen, getting married, passing away, joining the military, or if the court has modified the child support orders. Each reason must be checked on the form as applicable.

Do both parties need to sign the form?

Yes, both the Obligor and the Obligee must sign the form in front of a notary. This ensures that both parties agree to the termination and that the signatures are legally recognized.

What happens after the form is submitted?

After submission, the court will review the motion. If approved, the court will issue an order terminating the withholding for child support. It is important to keep a copy of the signed order for your records.

Is there a fee associated with filing this motion?

There may be a filing fee required when submitting the motion to the court. It is advisable to check with the specific court for their fee schedule and payment methods.

What if the child support order was modified?

If the child support order has been modified, the new terms will dictate whether withholding should continue or be terminated. Ensure that the modification is documented before filing the motion to terminate.

Can this motion be filed without an attorney?

Yes, individuals can file this motion without an attorney. However, it is recommended to seek legal advice to ensure that all legal requirements are met and to avoid potential issues.

What should I do if my circumstances change after filing?

If your circumstances change after filing the motion, you may need to submit additional documentation or file another motion. Keeping the court informed is crucial to ensure compliance with legal obligations.

Common mistakes

  1. Incomplete Information: One common mistake is failing to provide complete names and details for the children involved. Each child's name, date of birth, and Social Security number are essential. Omitting any of this information can delay the process.

  2. Incorrect Court Information: Individuals often miswrite the court information. It is crucial to print the court name and cause number exactly as they appear on the final order. Errors in this section can lead to complications in processing the motion.

  3. Not Checking All Applicable Reasons: When stating the reasons for terminating child support, people sometimes fail to check all relevant options. If multiple reasons apply, all should be indicated to ensure the motion is comprehensive.

  4. Signatures Not Notarized: Both the Obligor and Obligee must sign the form in front of a notary. Failing to do so can invalidate the motion. It’s important to remember that signatures are required for both parties.

  5. Missing Dates: Some individuals forget to include important dates, such as when the original withholding order was signed or the date of signing the motion itself. These dates are critical for the court's records.

  6. Failure to Provide Accurate Contact Information: Providing outdated or incorrect contact information can hinder communication with the court. Ensure that phone numbers, addresses, and emails are current to avoid any issues.

Documents used along the form

When navigating the process of terminating child support, several additional forms and documents may be required to ensure a smooth transition. Each of these documents plays a specific role in the overall legal process, providing necessary information or formal requests to the court. Below is a list of common forms that often accompany the Agreed Motion to Terminate Child Support.

  • Child Support Order: This document outlines the original terms of the child support arrangement, including payment amounts and schedules. It serves as the basis for any modifications or terminations of support obligations.
  • Notice of Hearing: If a hearing is required to finalize the termination of child support, this document informs all parties of the date, time, and location of the hearing. It ensures that everyone involved has the opportunity to present their case.
  • Affidavit of Support: This sworn statement may be submitted to provide evidence of the Obligor's current financial situation. It can help the court understand whether the termination of support is justified based on financial circumstances.
  • Proof of Income: Recent pay stubs or tax returns may be required to demonstrate the Obligor's financial status. This information helps the court assess the necessity of ongoing support.
  • Agreement Between Parties: This document outlines any mutual agreements made by the Obligor and Obligee regarding the termination of support. It can clarify intentions and prevent misunderstandings.
  • Child's Birth Certificate: Providing a copy of the child's birth certificate can establish the identity and age of the child, which is crucial for determining eligibility for support termination.
  • Modification of Child Support Order: If changes to the child support amount are being requested alongside termination, this form details the specific modifications sought by either party.
  • Final Judgment of Divorce: If applicable, this document may be necessary to confirm the dissolution of marriage and any related child support arrangements that were established during the divorce proceedings.
  • Certificate of Service: This form verifies that all parties involved have been properly notified about the motion to terminate child support. It is essential for maintaining transparency in the legal process.

Each of these documents plays a critical role in ensuring that the process of terminating child support is handled appropriately and legally. By preparing these forms in advance, individuals can help facilitate a smoother experience in the court system.

Similar forms

  • Motion to Modify Child Support: This document is used to change the amount of child support payments. Like the Agreed Motion Terminate Child Support, it involves both the Obligor and Obligee agreeing to the changes. Both forms require details about the children involved and the reasons for the modification.
  • Motion to Enforce Child Support: This form is filed when one party believes the other is not complying with the child support order. Similar to the Agreed Motion, it addresses the obligation of the Obligor and may involve the same court information and details about the children.
  • Final Order of Child Support: This document outlines the terms of the child support agreement. It shares similarities with the Agreed Motion in that it includes information about the Obligor, Obligee, and children, as well as the specifics of the support arrangement.
  • Child Support Review Order: This form is used to review existing child support arrangements. Like the Agreed Motion, it can be initiated by either party and requires a detailed account of the children’s needs and the financial situations of both parents.
  • Motion to Terminate Parental Rights: This document is filed when a parent wishes to terminate their legal rights to a child. It shares the need for court approval and involves similar considerations regarding the welfare of the child, much like the termination of child support.
  • Voluntary Acknowledgment of Paternity: This form is used when a father voluntarily acknowledges his paternity. It requires similar information about the child and the parents, and it can lead to child support obligations, making it relevant to the termination motion.
  • Child Support Agreement: This is a mutual agreement between parents regarding child support. It resembles the Agreed Motion in that it requires both parties to agree on the terms, including the amount and duration of support.
  • Motion for Temporary Orders: This document is filed to request temporary child support during ongoing proceedings. It is similar in nature to the Agreed Motion as it addresses immediate financial needs for the child while the case is pending.
  • Notice of Child Support Hearing: This form is used to inform parties of an upcoming hearing regarding child support. It shares the same court details and involves the same parties, ensuring everyone is aware of the proceedings related to child support.
  • Request for Child Support Services: This document is used to request assistance from the state in establishing or enforcing child support. It is similar to the Agreed Motion in that it involves the same parties and focuses on the financial support of the child.

Dos and Don'ts

When filling out the Agreed Motion to Terminate Child Support form, it is important to follow specific guidelines to ensure accuracy and compliance with legal requirements. Below is a list of things you should and shouldn't do.

  • Do print the court information exactly as it appears on your final order.
  • Do list all children involved by their full names.
  • Do provide the correct cause number associated with your case.
  • Do check all applicable reasons for termination of the child support order.
  • Do ensure both the Obligor and Obligee sign in front of a notary.
  • Don't leave any sections of the form blank; complete all required fields.
  • Don't use nicknames or abbreviations for names; full legal names are necessary.
  • Don't forget to include accurate contact information for both parties.
  • Don't sign the form until you are in the presence of a notary public.

Misconceptions

Misconceptions about the Agreed Motion Terminate Child Support form can lead to confusion and potential legal issues. Here are seven common misconceptions:

  • Child support automatically terminates when a child turns 18. Many believe that child support ends automatically at age 18. However, it may continue if the child is still in school or meets other specific conditions.
  • Only the Obligor can initiate the termination. Some think that only the person paying child support (Obligor) can request termination. In reality, both the Obligor and Obligee can agree to terminate support.
  • All reasons for termination must be checked on the form. It is a misconception that every applicable reason must be selected. Only the reasons that truly apply to the situation should be checked.
  • Filing this form is the final step. Many believe that submitting the form is the end of the process. In fact, the court must review and approve the motion before child support is officially terminated.
  • The form can be signed anywhere. Some individuals think they can sign the form without a notary. The signatures must be notarized to ensure the document is valid.
  • Termination of withholding is immediate. There is a belief that once the form is filed, the withholding stops immediately. However, it often takes time for the court to process the motion and for the changes to take effect.
  • Child support can be terminated without any legal documentation. Some assume that verbal agreements are sufficient for termination. This is incorrect; proper legal documentation is necessary to officially end child support obligations.

Key takeaways

When dealing with the Agreed Motion to Terminate Child Support form, understanding the nuances can significantly ease the process. Here are some key takeaways to consider:

  • Complete Information: Always ensure that you fill out the court information accurately as it appears on your final order. This includes the cause number and the specific court details.
  • Identify Parties Clearly: Clearly identify the Obligor (the person paying child support) and the Obligee (the person receiving child support). Include full names to avoid any confusion.
  • List Children: Provide the names and relevant details of all children involved in the child support agreement. This includes their dates of birth and Social Security numbers.
  • State the Reason for Termination: Check all applicable reasons for terminating the child support order. This could include the child reaching adulthood, marriage, or other specified conditions.
  • Notarization Required: Both the Obligor and Obligee must sign the document in front of a notary public. This step is crucial for the validity of the motion.
  • Submit to Court: After completing and notarizing the form, submit it to the appropriate court for approval. This final step is essential to officially terminate the child support withholding order.