son is 18, stop support

My son is now past his 18th birthday. How exactly do I stop the child support payments? His mother had a court order to garnish my wages from work that were paid directly to her.In cailf.

Send a certified copy of your son's birth certificate along with a letter stating he is past 18, the case number, her name, and any other pertinent info.
Send it certified, return reciept requested, and ask for verification that payments will stop being taken from your check and when.
You could also accomplish this by taking these documents to your local court where garnishments are ordered. With all your documents, they should be able to stop it.

[I AM ALWAYS LIABLE]

[QUOTE][i]Originally posted by ricky g [/i]
[B]My son is now past his 18th birthday. How exactly do I stop the child support payments? His mother had a court order to garnish my wages from work that were paid directly to her.In cailf. [/B][/QUOTE]

My response:

You need to file your Motion to Terminate Child Support with the court, and obtain signed and dated court orders. Agencies will NOT pay any attention to letters, birth certificates, or otherwise. They have no idea what your situation is with the child; e.g., the child is disabled, or the child has not completed the 12th grade, or whatever. Therefore, the only papers they will pay any attention to are court orders.

Absent agreement by the parents (Ca Fam § 3587) or a "needy" incapacitated adult child (Ca Fam § 3910), the statutory child support duty normally terminates when the child reaches age 18 (age of majority; Ca Fam § 6500)

However, as to any unmarried 18-year-old child who is a full-time high school student and not self-supporting, the parents' statutory support obligation continues until the child completes the 12th grade or reaches age 19, whichever occurs first (thereafter, continued support is subject to the parents' agreement). [Ca Fam § 3901(a) & (b); see Marriage of Everett (1990) 220 Cal.App.3d 846, 852, 269 Cal.Rptr. 917, 919-920--trial court erred in terminating support before 18-year-old child completed senior year

A court order for child support is enforceable until paid in full--even after the child reaches age 18. [Ca Fam §§ 4502, 4503]

Upon filing and service of the obligor's noticed motion, the court "shall terminate" service of a § 5200 et seq. earnings assignment order provided (1) past due support (including any interest due) has been paid in full, AND (2) any of the following conditions exist (Ca Fam § 5240):

(1) Spousal support--obligee's death or remarriage: With regard to spousal support orders, the spouse to whom support is owed has died or remarried. [Ca Fam § 5240(a)]

(2) Child support--child's death or emancipation: With regard to child support orders, the child for whom support is owed has died or become emancipated. [Ca Fam § 5240(b)]

IAAL


[Edited by I AM ALWAYS LIABLE on 11-17-2000 at 07:43 PM]