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Stopping A child support wage assignment

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Spinninwheels

Junior Member
What is the name of your state? California
I have a child who is going to turn 18 and graduating high school.
I sent registered mail to the mother to resolve the child support in an amicable manner. She refused the letter and now I must file court papers on my own. I understand that I need to have an Order to Show Cause, but is there anything else I need to do?
 


BelizeBreeze

Senior Member
Spinninwheels said:
What is the name of your state? California
I have a child who is going to turn 18 and graduating high school.
I sent registered mail to the mother to resolve the child support in an amicable manner. She refused the letter and now I must file court papers on my own. I understand that I need to have an Order to Show Cause, but is there anything else I need to do?
You don't need an order to show cause. All you need to do is file a motion to terminate child support.

And you would need that regardless of what the ex did or said. The ex has nothing to do with this. Child support is a court order and only the court can terminate such.
 

Spinninwheels

Junior Member
Wage Assignment

Thanks for the help.
The only thing I need to file is a Notice of Motion?
I have already completed a Notice of Motion, do I also need to complete a Notice of Termination or modification or earnings withholding order, or is that done after the Notice of motion?:)
 

BelizeBreeze

Senior Member
Spinninwheels said:
Thanks for the help.
The only thing I need to file is a Notice of Motion?
I have already completed a Notice of Motion, do I also need to complete a Notice of Termination or modification or earnings withholding order, or is that done after the Notice of motion?:)
notice of motion? where did that come from?

I said motion to terminate. Once you have the order from the court you can give that to your employer and the garnishment will stop.
 

Spinninwheels

Junior Member
I visited the courtinfo.ca.gov site and it said I must file a Notice of Motion/Order to show cause (FL-301), Aplication for order (FL-310) & supporting Declaration & Responsive Declaration to order to show cause or notice of motion (FL-320). That is why I am so confused. I was first told to contact the other party and do an agreement and file that. If there was no response, then I had to do the steps above. How do I get ahold of the termination document? :eek:
 

Ohiogal

Queen Bee
Spinninwheels said:
I visited the courtinfo.ca.gov site and it said I must file a Notice of Motion/Order to show cause (FL-301), Aplication for order (FL-310) & supporting Declaration & Responsive Declaration to order to show cause or notice of motion (FL-320). That is why I am so confused. I was first told to contact the other party and do an agreement and file that. If there was no response, then I had to do the steps above. How do I get ahold of the termination document? :eek:
File a MOTION TO TERMINATE CHILD SUPPORT.
That is all. And then serve your ex, her attorney, CSEA, and the Court that has jurisdiction.
In the motion state you want to terminate child support because child is no longer a minor or has graduated or whatever reason qualifies child support to be terminated.
 

Spinninwheels

Junior Member
I have tried to contact the mother and her P.O. Box that she had has no forwarding order. My employer has received a letter from her asking payments be made to another address and that they are to keep it confidential and not give the address to me.

So when I file the motion and advise the court we have no address, how do we serve her? Is my work obligated to keep her information confidential, as there is no order to do so. Thanks for the help.
Spinnin:(
 

Ohiogal

Queen Bee
Spinninwheels said:
I have tried to contact the mother and her P.O. Box that she had has no forwarding order. My employer has received a letter from her asking payments be made to another address and that they are to keep it confidential and not give the address to me.

So when I file the motion and advise the court we have no address, how do we serve her? Is my work obligated to keep her information confidential, as there is no order to do so. Thanks for the help.
Spinnin:(
You try to serve her at her last known address -- or the court does. When the CRRR is not picked up then they try regular mail, then they will do a notice by publication. Then you will get your hearing.
 
Ohiogal said:
File a MOTION TO TERMINATE CHILD SUPPORT.
That is all. And then serve your ex, her attorney, CSEA, and the Court that has jurisdiction.
In the motion state you want to terminate child support because child is no longer a minor or has graduated or whatever reason qualifies child support to be terminated.
Just for my own curiosity...Why does mom need to be notified at all? I’m sure she’s aware that her child is reaching the point where child support will end. Isn’t this an issue for the CS agency and the NCP? Can mom dodge being served and child support keep going?
 

Ohiogal

Queen Bee
AmarieNorton said:
Just for my own curiosity...Why does mom need to be notified at all? I’m sure she’s aware that her child is reaching the point where child support will end. Isn’t this an issue for the CS agency and the NCP? Can mom dodge being served and child support keep going?
If there is a court hearing or any other hearing then both parties need to be given the opportunity to be there. It is called DUE PROCESS.
However, sometimes you just need to inform CSEA that the child is reaching the age of majority and prove it with a birth certificate. CSEA then makes an ADMINISTRATIVE DECISION (which is different than a hearing) and sends its findings to both parties. Either party can object to said finding and then a hearing would be scheduled. I would think that would be easier but I am in Ohio and I dont' know where OP is and I wasn't going to walk him step by step through the process. If he needs that much help he needs to hire an attorney.
 
Ohiogal said:
If there is a court hearing or any other hearing then both parties need to be given the opportunity to be there.
Thanks for responding. I didn't realize that there needed to be a hearing to stop the support. :)
 

LdiJ

Senior Member
I think that OP needs an attorney to handle this. I think that he is over his head and doesn't realize it.
 

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