My husband was ordered to pay child support arrears beginning August 1999 and has been paying the amount ordered $352 for the last 11 years. The order was established in Alabama (jefferson County) but my husband and his ex both reside in California. The children for the support are now 32 and 29. My questions are: Can we file a termination letter or is their a standard form we can use? Where would we send the documents and which state should we begin with? The child support is currently garnished through the state of California, but dispersed to his ex-wife through Alabama Child services. I appreciate any advice or assistance.
You need to determine whether the case was registered in Cal, or, if it is being enforced by service of an AL order on a Cal employer. I presume the former. (If not, this gets complicated, but, your hubby can register the AL IWO in Cal, then, take legal action in Cal.)
Request an audit re arrears from California.
Have your hubby call (and write) DCSS and request that the garnishment stop immediately and provide your evidence that all arrears (including interest) has been paid in full.
Have your hubby contact his local elected officials (such as congressional offices and county supervisors), write them a BRIEF letter with his DCSS case number, social, etc., and ask them to intervene.
Have hubby write to DCSS and his ex, and demand that they execute and provide an Acknowledgment of Satisfaction of Judgment, in full.
If your hubby wants to take legal action himself, he should fully review the law and Cal. judicial council form FL 450, entitled, "Request for Hearing re Earnings Assignment Order" Here's a link to the form:
http://www.courtinfo.ca.gov/forms/fillable/fl450.pdf
Good luck to you both.