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When child reaches age an its time to stop paying?

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Sway

Member
What is the name of your state (only U.S. law)? Calif.

Ok so its kind of a long story but here's the short of it.



Divorce paperwork that never got filed fourteen years ago said I would pay child support to the age of nineteen if still in school. Had to redo paperwork since it was so old the courts wanted it to be updated. So paid to have them redone (a year ago) but just found out that its just says I pay just till the child turns eighteen and that was four months ago. I'm guessing DCSS never got the updated paperwork since money is still being take from my pay check when I don't owe any arrears. I made a phone call to my case worker at DCSS and also sent her an email.


My question is, how hard is it going to be for her to confirm what the new paperwork says and when will the wage garnishment stop? Is there anything else I need to do or calling my case worker what I am supposed to do?



Thank you for your time.
 


BL

Senior Member
What is the name of your state (only U.S. law)? Calif.

Ok so its kind of a long story but here's the short of it.



Divorce paperwork that never got filed fourteen years ago said I would pay child support to the age of nineteen if still in school. Had to redo paperwork since it was so old the courts wanted it to be updated. So paid to have them redone (a year ago) but just found out that its just says I pay just till the child turns eighteen and that was four months ago. I'm guessing DCSS never got the updated paperwork since money is still being take from my pay check when I don't owe any arrears. I made a phone call to my case worker at DCSS and also sent her an email.


My question is, how hard is it going to be for her to confirm what the new paperwork says and when will the wage garnishment stop? Is there anything else I need to do or calling my case worker what I am supposed to do?



Thank you for your time.
Obtain a certified copy of your updated papers and send it to the case worker at DCSS.

Demand that CS and all collections be terminated immediately and any overpayment that may be held by them returned to you forthwith.

If they do not comply ,you may have to file in court for termination order.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Calif.

Ok so its kind of a long story but here's the short of it.



Divorce paperwork that never got filed fourteen years ago said I would pay child support to the age of nineteen if still in school. Had to redo paperwork since it was so old the courts wanted it to be updated. So paid to have them redone (a year ago) but just found out that its just says I pay just till the child turns eighteen and that was four months ago. I'm guessing DCSS never got the updated paperwork since money is still being take from my pay check when I don't owe any arrears. I made a phone call to my case worker at DCSS and also sent her an email.


My question is, how hard is it going to be for her to confirm what the new paperwork says and when will the wage garnishment stop? Is there anything else I need to do or calling my case worker what I am supposed to do?



Thank you for your time.
BL's answer might be correct, but CA law does say that it will be paid until age 19 or graduation from high school, whichever comes first. Has your child graduated from high school?
 

Sway

Member
Thank you for the replys.

No she has not graduated yet she was held back a year. However I just found out today they moved out of state last week and can graduate after one semester.


This is what's on the DCSS web site.

Child support generally continues until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent’s obligation to pay support continues until the child becomes 18 years old. However, the current support obligation may continue until the child is 19, if the child is unmarried and attending high school full time. Also a court may order current child support to continue after the child emancipates because of special circumstances.


I got a call back today from the case worker, she said she would have the updated order sent to her and will review it. At this point she said she would put a hold on the money till she can confirm the new order.


On a side note: Can she take my daughter out of state without my permission? Our Divorce papers say that neither one of us can take the child out of state without written permission. Does her being 18 void that?


Again, thanks for your time.
 

BL

Senior Member
Thank you for the replys.

No she has not graduated yet she was held back a year. However I just found out today they moved out of state last week and can graduate after one semester.


This is what's on the DCSS web site.

Child support generally continues until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent’s obligation to pay support continues until the child becomes 18 years old. However, the current support obligation may continue until the child is 19, if the child is unmarried and attending high school full time. Also a court may order current child support to continue after the child emancipates because of special circumstances.


I got a call back today from the case worker, she said she would have the updated order sent to her and will review it. At this point she said she would put a hold on the money till she can confirm the new order.


On a side note: Can she take my daughter out of state without my permission? Our Divorce papers say that neither one of us can take the child out of state without written permission. Does her being 18 void that?


Again, thanks for your time.
For custody/visitations , your daughter is considered an Adult at 18 and can do as she wished.

For child support purposes , you already have your order , and contact with the worker.
 

LdiJ

Senior Member
Thank you for the replys.

No she has not graduated yet she was held back a year. However I just found out today they moved out of state last week and can graduate after one semester.


This is what's on the DCSS web site.

Child support generally continues until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent’s obligation to pay support continues until the child becomes 18 years old. However, the current support obligation may continue until the child is 19, if the child is unmarried and attending high school full time. Also a court may order current child support to continue after the child emancipates because of special circumstances.


I got a call back today from the case worker, she said she would have the updated order sent to her and will review it. At this point she said she would put a hold on the money till she can confirm the new order.


On a side note: Can she take my daughter out of state without my permission? Our Divorce papers say that neither one of us can take the child out of state without written permission. Does her being 18 void that?


Again, thanks for your time.
Yes, her being 18 voids that. Your daughter is a legal adult for all purposes other than perhaps child support, and alcohol consumption, therefore she is no longer subject to court orders regarding visitation or custody. Your ex cannot control where your daughter lives either, let alone the courts.
 

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