How To Get Judge To Terminate Child Support | Los Angeles Divorce
Today I wanted to talk to you about an email that I’ve received over the weekend that was related to an Income Withholding Order.
This is in regards to a form called FL-195, and this form is used when there is an order for say, child support or spousal support, and it’s going to be submitted to the court in order for the judge to sign it.
And then that order, once signed, is normally served on your employer, and that’s what your employer uses to know how much child support or spousal support to withdraw from your check if you’re on the receiving end of that.
Now, this email specifically was in regards to cancelling or terminating the order for spousal support. This was a case where child support was ordered in the final judgment, and the child was turning 18 and we needed to get the termination of child support.
So here’s the issue: if there was a previously filed and ordered, you know judge signed an FL-195 and it’s with your employer, you have to go back to court. Your employer is most likely going to require that a new order be signed by the judge indicating that child support is being terminated.
This means that you have to go to court and file a motion to get the FL-195, or the termination of child support signed by the judge.
Now, this means you need to do some planning.
In this case, the last payment was going to be in the next 30 days but the employer needed the paperwork much sooner to make the change and the deduction. What most likely was going to happen is there is going to be support taken out beyond what the order should have been.
And this is because the person should’ve done this a little bit sooner because we need to now file a motion with the court to get the judge to sign the order. This is going to take probably 60 days before this happens.
Keep that in mind if you have a child support order that you need to terminate. It’s going to take some time, so plan ahead. At least 4-5 months in advance.
Again this is Tim Blankenship with SCV Legal Doc Assist. You can reach us at 661-281-0266 or on our website at divorce661.com.