Terminating Child Support

[southbay1920]

What is the name of your state? California

Hello.

My child turned 18 and is still supposed to be in school and graduate this summer. My order states child support is until the child is 18 and graduated high school or 19 if child is a full time student. My child graduated high school early. Child is on longer attending school, but will attend the walking ceremony in the summer. I planned to file to terminate child support in the summer, but since child is 18 and graduated early, can I file now or wait until after the walking ceremony? Thank you for any and all advices.

 

[Zigner]

Does kiddo have a diploma?

 

[paddywakk]

Does kiddo have a diploma?

In CA, you can'r have your diploma before the graduation ceremony at the end of the spring term. I "graduated" early (all classes and credits completed) and the school gave me a letter verifying my status in case I needed it.

 

[adjusterjack]

can I file now or wait until after the walking ceremony?

What are the EXACT words in your divorce regarding support?

 

[zddoodah]

since child is 18 and graduated early, can I file now or wait until after the walking ceremony?

Yes. You may do either.

By the way, I assume your wages are being garnished for the payments. Otherwise, simply stop writing checks.

In CA, you can'r have your diploma before the graduation ceremony at the end of the spring term.

Sure you can. My kid did exactly that two years ago and had his diploma at least a couple months before the ceremony.

 

[southbay1920]

What are the EXACT words in your divorce regarding support?

Here's the wording on the order. ".must pay child support beginning .... and continuing until further order of the court, or until the child marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time high school student, whichever occurs first"

 

[southbay1920]

Yes. You may do either.

By the way, I assume your wages are being garnished for the payments. Otherwise, simply stop writing checks.




Sure you can. My kid did exactly that two years ago and had his diploma at least a couple months before the ceremony.

My wage is being garnished.

 

[cbg]

It's been a long time since I was responsible for this but if I am not mistaken, your employer cannot, by law, stop the garnishment until the agency who issued the garnishment (in this case the court) notifies them that they may.

 

[Zigner]

Here's the wording on the order. ".must pay child support beginning .... and continuing until further order of the court, or until the child marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time high school student, whichever occurs first"

So your order DOESN'T say that you must pay support until kiddo has graduated, rather, you must pay support until he is no longer a full-time high school student. It seems pretty clear to me that kiddo is no longer a "full-time high school student", so you can expect the modification to be granted, barring some modification to the order.

 

[southbay1920]

Thank you. Appreciate all the help.

 

[zddoodah]

So your order DOESN'T say that you must pay support until kiddo has graduated, rather, you must pay support until he is no longer a full-time high school student.

It says (consistent with the relevant statute) that the OP must pay until one of the following occurs:

• The child marries.
• The child dies.
• The child turns 19.
• The child is both 18 years old and no longer a full-time high school student.

Not being a full-time high school student isn't enough if the kid graduates before turning 18. However, in this case, both of the conditions are true, so I agree that the termination order should be granted.

It's been a long time since I was responsible for this but if I am not mistaken, your employer cannot, by law, stop the garnishment until the agency who issued the garnishment (in this case the court) notifies them that they may.

Correctamundo.

 

[Zigner]

Not being a full-time high school student isn't enough if the kid graduates before turning 18. However, in this case, both of the conditions are true, so I agree that the termination order should be granted.

Yep - I simplified it because it was already given that kiddo was 18

 

[LdiJ]

Just to clarify...you must file to terminate child support and have that granted in order for your employer to be notified to stop the garnishment.

 

[adjusterjack]

can I file now

File now. The longer you wait, the longer the payments keep coming out of your paycheck, Once they are out the chances of your ex giving the money back to you are slim.

From the time you file, it's likely to take a couple of months to wind its way through the court process.

 

[southbay1920]

Thank you! Now, on to reading and learning how to file.