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  1. #1
    madre98 is offline Junior Member
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    How can we terminate a child support arrears case?

    My husband was ordered to pay child support arrears beginning August 1999 and has been paying the amount ordered $352 for the last 11 years. The order was established in Alabama (jefferson County) but my husband and his ex both reside in California. The children for the support are now 32 and 29. My questions are: Can we file a termination letter or is their a standard form we can use? Where would we send the documents and which state should we begin with? The child support is currently garnished through the state of California, but dispersed to his ex-wife through Alabama Child services. I appreciate any advice or assistance.
  2. #2
    LdiJ is online now Senior Member
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    Quote Originally Posted by madre98 View Post
    My husband was ordered to pay child support arrears beginning August 1999 and has been paying the amount ordered $352 for the last 11 years. The order was established in Alabama (jefferson County) but my husband and his ex both reside in California. The children for the support are now 32 and 29. My questions are: Can we file a termination letter or is their a standard form we can use? Where would we send the documents and which state should we begin with? The child support is currently garnished through the state of California, but dispersed to his ex-wife through Alabama Child services. I appreciate any advice or assistance.
    Are the arrearages now paid in full? It doesn't matter how old the children are if the arrearages have not been paid in full. If they are paid in full, then your husband would need to file a motion to stop the wage garnishment.
  3. #3
    madre98 is offline Junior Member
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    Quote Originally Posted by LdiJ View Post
    Are the arrearages now paid in full? It doesn't matter how old the children are if the arrearages have not been paid in full. If they are paid in full, then your husband would need to file a motion to stop the wage garnishment.
    Yes, the arrearages are paid in full. Would we file the motion in California or do we work directly with the Alabama Human Resources to stop the garnishment?
  4. #4
    LdiJ is online now Senior Member
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    Quote Originally Posted by madre98 View Post
    Yes, the arrearages are paid in full. Would we file the motion in California or do we work directly with the Alabama Human Resources to stop the garnishment?
    Talk to the CSE in CA. They can likely help your husband.
  5. #5
    CourtClerk is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Talk to the CSE in CA. They can likely help your husband.
    You'd do better filing the motion yourself. It can take upwards of 6 - 9 months to have CSSD prepare a motion for you and file it, depending on what county you're in.
  6. #6
    TheGeekess is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    You'd do better filing the motion yourself. It can take upwards of 6 - 9 months to have CSSD prepare a motion for you and file it, depending on what county you're in.
    Since the case was established in JeffCo, Bama, then they will probably have to deal with it there.

    Link to Alabama Administrative Court site on Child Support:
    [url=http://www.alacourt.gov/ChildSupportInfo.aspx]Alabama Unified Judicial System -- judicial.alabama.gov[/url]

    DoItYourself Forms (IE specific):
    [url]http://eforms.alacourt.gov/[/url]

    More Forms:
    [url=http://www.birminghambar.org/domestic_forms.cfm]Domestic Forms - Birmingham Bar Association[/url]
  7. #7
    dannyt is offline Member
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    dad needs to file to terminate

    Quote Originally Posted by madre98 View Post
    My husband was ordered to pay child support arrears beginning August 1999 and has been paying the amount ordered $352 for the last 11 years. The order was established in Alabama (jefferson County) but my husband and his ex both reside in California. The children for the support are now 32 and 29. My questions are: Can we file a termination letter or is their a standard form we can use? Where would we send the documents and which state should we begin with? The child support is currently garnished through the state of California, but dispersed to his ex-wife through Alabama Child services. I appreciate any advice or assistance.
    WE can do nothing. this is dad's issue to deal with, since you are not a party to it.
  8. #8
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    Quote Originally Posted by madre98 View Post
    My husband was ordered to pay child support arrears beginning August 1999 and has been paying the amount ordered $352 for the last 11 years. The order was established in Alabama (jefferson County) but my husband and his ex both reside in California. The children for the support are now 32 and 29. My questions are: Can we file a termination letter or is their a standard form we can use? Where would we send the documents and which state should we begin with? The child support is currently garnished through the state of California, but dispersed to his ex-wife through Alabama Child services. I appreciate any advice or assistance.
    You need to determine whether the case was registered in Cal, or, if it is being enforced by service of an AL order on a Cal employer. I presume the former. (If not, this gets complicated, but, your hubby can register the AL IWO in Cal, then, take legal action in Cal.)


    Request an audit re arrears from California.

    Have your hubby call (and write) DCSS and request that the garnishment stop immediately and provide your evidence that all arrears (including interest) has been paid in full.

    Have your hubby contact his local elected officials (such as congressional offices and county supervisors), write them a BRIEF letter with his DCSS case number, social, etc., and ask them to intervene.

    Have hubby write to DCSS and his ex, and demand that they execute and provide an Acknowledgment of Satisfaction of Judgment, in full.

    If your hubby wants to take legal action himself, he should fully review the law and Cal. judicial council form FL 450, entitled, "Request for Hearing re Earnings Assignment Order" Here's a link to the form:
    [url]http://www.courtinfo.ca.gov/forms/fillable/fl450.pdf[/url]

    Good luck to you both.

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