• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to Stop Child Support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

smeadows

Junior Member
What is the name of your state (only U.S. law)? California My children are now both over 18 and out of school, my child support comes out of my check by wage garnishment as ordered by the court at the time of our divorce. Now that I no longer need to pay child support, do I have to go back to court to stop it or do I just notify the payroll department?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California My children are now both over 18 and out of school, my child support comes out of my check by wage garnishment as ordered by the court at the time of our divorce. Now that I no longer need to pay child support, do I have to go back to court to stop it or do I just notify the payroll department?
You have to go back to court and request to end court ordered support. Until you do so, the support will keep coming out.
 

2Mistakes

Senior Member
Although it MAY be possible to get an order to recover any which is sent after the date of filing for modification.
Just out of pure curiosity and wanting to learn, would he be only be able to recover payments after the date of filing, or going back to the date that the kids aged out of support?

That is of course if he is able to recover anything at all.
 

mistoffolees

Senior Member
Just out of pure curiosity and wanting to learn, would he be only be able to recover payments after the date of filing, or going back to the date that the kids aged out of support?

That is of course if he is able to recover anything at all.
Because few (if any) states will make a modification retroactive to any time before the date of filing.

SOME (but not all) will allow the order to be retroactive to the date of filing, though.
 

2Mistakes

Senior Member
Because few (if any) states will make a modification retroactive to any time before the date of filing.

SOME (but not all) will allow the order to be retroactive to the date of filing, though.
Gotcha. Thanks!

I actually should have known that from all the time I used to spend here, but it's been awhile, so I guess my mind got rusty. :eek:
 

smeadows

Junior Member
That actually was going to be my next question, will I get any of the money back after I file? and if so as of what date. So I guess the answer would be the filing date.

Do we have to go back to court or is it just a paperwork thing I can file, or my attorney can file?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top