Stopping Child Support after Child turns 18

[mailsoto]

What is the name of your state (only U.S. law)? California/Oklahoma

My son Graduated from school May 2011 and turns 18 November 2011. Should my child support payments have stopped as of June 2011? He is not attending college.

YES, My wages are being garnished, The divorce decree does say that support stops after child finishes school, turns 18, or gets married.

 

[TheGeekess]

What is the name of your state (only U.S. law)? California/Oklahoma

My son Graduated from school May 2011 and turns 18 November 2011. Should my child support payments have stopped as of June 2011? He is not attending college.

What does your court order say?

 

[Isis1]

What does your court order say?

and are your wages being garnished?

 

[CJane]

And because TWO states cannot hold jurisdiction and California/Oklahoma is not a state, what state actually ISSUED the CS order?

 

[mailsoto]

Child Support

The CS was started in California

 

[mailsoto]

Garnishment

and are your wages being garnished?

Yes, Wages are being Garnished

 

[Isis1]

Yes, Wages are being Garnished

you need to contact the child support services. honestly, if you were in CA, i'd recommend you going to an office tomorrow and getting them to stop your garnishment. it can be done. they don't HAVE to, without a court order. but sometimes they can be reasonable.

you need a new court order stating your obligation has been completed. you may have to file a motion to be heard if the agency isn't willing to do it right then and there.

also...are you in any arrears?

 

[mailsoto]

you need to contact the child support services. honestly, if you were in CA, i'd recommend you going to an office tomorrow and getting them to stop your garnishment. it can be done. they don't HAVE to, without a court order. but sometimes they can be reasonable.

you need a new court order stating your obligation has been completed. you may have to file a motion to be heard if the agency isn't willing to do it right then and there.

also...are you in any arrears?

I'm currently living in another state and I do owe arrears but I was just thinking if they continued collecting in full since my son graduated, that should be payment for arrears. Thank You

 

[Isis1]

I'm currently living in another state and I do owe arrears but I was just thinking if they continued collecting in full since my son graduated, that should be payment for arrears. Thank You

it should be credited to your arrears.

i actually have a wage garnisment paper in my purse from the CA agency. there is no place for when the garnisment stops. they pick a court ordered amount (or in my case they pulled a number out of someone's rear end). there is no total amount for payroll to keep track of when to stop. they are required to keep sending money until they get a new court order.

are you keeping track of how much arrears you have left? is it a substantial amount? if you do your own accounting, you can figure out how many more installments it's going to take to complete your obligation and move for a motion that will order the garnishments to stop on that date.

 

[mailsoto]

it should be credited to your arrears.

i actually have a wage garnisment paper in my purse from the CA agency. there is no place for when the garnisment stops. they pick a court ordered amount (or in my case they pulled a number out of someone's rear end). there is no total amount for payroll to keep track of when to stop. they are required to keep sending money until they get a new court order.

are you keeping track of how much arrears you have left? is it a substantial amount? if you do your own accounting, you can figure out how many more installments it's going to take to complete your obligation and move for a motion that will order the garnishments to stop on that date.

Thank you for the useful information. I do owe a large amount in arrears and the problem i have is they continue to take the full amount of payments with an additional $50 going towards the arrears. The full amount should be paying down the arrears.

 

[CSO286]

What is the name of your state (only U.S. law)? California/Oklahoma

My son Graduated from school May 2011 and turns 18 November 2011. Should my child support payments have stopped as of June 2011? He is not attending college.

YES, My wages are being garnished, The divorce decree does say that support stops after child finishes school, turns 18, or gets married.

https://extranet.acf.hhs.gov/irgps/stateProfile.do

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.

According to this, your current support obligation should stop November 2011. Now, you may still be required to pay the same amount as before, with it all credited to your arrearages.

 

[milspecgirl]

I agree- it is normally 18 or when the child graduates- whichever occurs LATER!

You do need to go ahead and contact CS to determine the new amount you will pay beginning in Dec to cover the remaining arrears. and have it set to automatically end when those arrears are pd in full