Terminating Income Withholding Order for Child Support in California Divorce | California Divorce

Posted by Tim Blankenship on

Terminating Income Withholding Order for Child Support in California Divorce

When it comes to child support payments in California, many parents are familiar with the income withholding order—a legal mechanism that requires employers to deduct child support payments directly from a parent’s paycheck. However, what happens when it’s time to stop these payments? Understanding how to properly terminate an income withholding order is crucial to avoid unnecessary deductions and legal complications. In this article, we’ll walk you through the process of terminating an income withholding order for child support, based on insights from Tim Blankenship of Divorce661.

What Is an Income Withholding Order?

An income withholding order (IWO) is a court-issued directive that instructs a parent’s employer to withhold child support payments directly from their wages. This system ensures consistent and timely payments without requiring the paying parent to send money manually each month. IWOs are a common feature of child support enforcement following divorce or separation.

When Does Child Support Typically End?

Most child support orders specify the duration of payments, usually tied to the child’s age and educational status. The standard conditions for terminating child support in California generally include:

  • The child turning 18 years old
  • The child no longer being a full-time high school student

It’s important to review your specific court order carefully, as some orders may contain additional provisions that could extend the obligation to pay child support, such as ongoing educational needs or other circumstances.

Planning Ahead: Why Timing Matters

One of the most critical points Tim Blankenship emphasizes is the importance of planning ahead to terminate child support payments at the right time. Here’s why:

  • The courts are not proactive: You cannot request the court to stop child support payments before the child actually meets the termination criteria (e.g., turning 18).
  • Legal process takes time: After the child’s 18th birthday or graduation, you must file a motion with the court to officially terminate the income withholding order.
  • Employer needs official documentation: Your employer will continue withholding payments until they receive a new court order stating that child support has ended.

Because of these factors, it’s wise to file the termination motion approximately 60 to 90 days before your child’s 18th birthday or anticipated graduation date. This helps ensure the court date can be scheduled promptly, and the updated order can be processed in time to stop ongoing deductions.

Step-by-Step Guide to Terminating the Income Withholding Order

Here’s a practical outline of the steps involved in terminating your income withholding order for child support:

  1. Check your court order: Confirm the conditions under which child support payments end, usually when the child turns 18 and is no longer in full-time high school.
  2. Gather documentation: Prepare proof such as the child’s birth certificate and high school diploma or transcript to show that the termination criteria have been met.
  3. File a motion to terminate child support: Submit a request to the court to stop child support payments. Ideally, this should be done 60 to 90 days before the child’s 18th birthday.
  4. Attend the court hearing: On or shortly after the child’s 18th birthday, present documentation to the judge confirming eligibility to terminate support.
  5. Obtain the court order: Once approved, the judge will issue an order terminating child support and the income withholding order.
  6. Provide the order to your employer: Submit the updated court order to your employer so they can stop withholding child support from your paycheck.

What to Expect After Filing

Even if your child has already turned 18 and you no longer owe child support, expect to continue paying for a few more months until the court process concludes and your employer receives the updated order. This delay is normal due to scheduling hearings, obtaining judicial signatures, and serving the employer with the new order.

Tim Blankenship advises that this transition period usually lasts about two to three months, so planning ahead helps minimize unnecessary payments.

Final Thoughts

Terminating an income withholding order for child support in California requires careful attention to timing and legal procedures. By understanding when child support ends, filing motions in advance, and following through with the court process, you can avoid overpaying and ensure the correct handling of your child support obligations.

If you’re approaching the point where child support should end, take proactive steps now. Review your court order, prepare necessary documentation, and file your motion early. This will help you navigate the legal system smoothly and stop income withholding at the appropriate time.

For more guidance on divorce and child support matters in California, consider reaching out to professionals like Tim Blankenship at Divorce661 or visit their website for additional resources and support.

🙌 LEGALLY Avoid CHILD SUPPORT by Agreement | Santa Clarita Divorce

Posted by Tim Blankenship on

🙌 LEGALLY Avoid CHILD SUPPORT by Agreement: Santa Clarita Divorce

When navigating the complexities of divorce, one of the most challenging topics for many parents is child support. Whether you’re seeking to establish a fair arrangement or looking to avoid child support payments altogether, understanding how your child support order is structured in your divorce judgment is essential. In this article, we’ll break down a crucial detail that can impact whether child support is ordered or not, based on insights from Tim Blankenship of Divorce661, a trusted voice in Santa Clarita divorce law.

The Importance of How Child Support is Reserved or Set

One of the key factors that determines if child support will be enforced is how it is recorded in your divorce judgment or child support order. Specifically, it’s important to distinguish between “reserved” child support and a “zero” child support amount.

What Does It Mean to Have Child Support “Reserved”?

When child support is “reserved,” it means the court has not set a specific child support amount at the time of the divorce judgment, but the issue remains open for future determination. This reservation allows either party to request child support modifications later if circumstances change, like changes in income or the child’s needs.

Why Avoiding a “Zero” Child Support Order Matters

In contrast, if your divorce judgment sets child support to zero, it means the court has explicitly decided that no child support payments will be made. While this might seem like a clear win for the paying parent, it can actually create complications if financial situations change later.

Importantly, if you want to avoid child support legally and permanently, you need to ensure the order is made correctly. According to Tim Blankenship, if you do not want child support to be ordered when it should be—or when you want to avoid it altogether—you must make sure the child support is “reserved” rather than set to zero. This legal nuance can protect you in the long run and prevent unintended child support obligations.

How to Legally Avoid Child Support by Agreement

Many couples mutually agree on child support arrangements during their divorce, which can be reflected in the judgment. If both parties agree that child support will not be paid, it’s critical to document this properly in the divorce decree. However, simply setting child support at zero without proper reservation can lead to future legal challenges.

Here are some practical steps to keep in mind:

  • Consult with a family law professional: A knowledgeable attorney can help draft the judgment to ensure child support is reserved correctly or waived by agreement.
  • Understand your local court’s practices: Rules and procedures may vary by county, so knowing how Santa Clarita courts handle child support orders is important.
  • Consider future changes: Even if you want to avoid child support now, circumstances may change. Reserving child support rather than zeroing it out allows flexibility for modifications if necessary.
  • Document agreements clearly: Any agreement to avoid child support should be clearly written into the divorce judgment to prevent misunderstandings or enforcement issues.

Conclusion: Protect Yourself with the Right Child Support Order

Child support can be a sensitive and complicated issue during divorce proceedings. The key takeaway is that how child support is recorded in your divorce judgment matters immensely. If your goal is to legally avoid child support payments, make sure the judgment “reserves” child support rather than setting it to zero outright.

By understanding this important distinction and working with experienced legal counsel, you can create a divorce agreement that reflects your intentions while protecting your rights and interests. If you’re going through a divorce in Santa Clarita or the surrounding area, consider reaching out for guidance to ensure your child support order is handled correctly from the start.

How to Reserve Child Support: A Clear Guide for Santa Clarita Divorce Cases | Santa Clarita Divorce

Posted by Tim Blankenship on

How to Reserve Child Support: A Clear Guide for Santa Clarita Divorce Cases

Navigating child support arrangements during a divorce can be complex, especially when you want to reserve the option for child support without setting a current monthly amount. Tim Blankenship of Divorce661 breaks down this important legal step in a straightforward way to help families in Santa Clarita and beyond understand how to properly handle child support orders.

Understanding the Concept of Reserving Child Support

When going through a divorce, there may be situations where you do not want to set a child support amount immediately. This could be due to various reasons such as awaiting financial information, changes in circumstances, or other considerations. In these cases, instead of waiving child support altogether, the court allows you to reserve the right to request child support later.

Reserving child support means you are not currently requesting a specific monthly payment, but you are keeping the option open for future modification or enforcement if needed. This ensures that the child’s financial needs can be addressed down the line without reopening the entire divorce case.

How to Properly Reserve Child Support in Your Divorce Documents

The key to reserving child support correctly lies in the documentation. Tim emphasizes the importance of attaching the appropriate child support order form to your divorce paperwork. Specifically, you must include:

  • Form FL-342: This is the official child support order form used in family law cases in California.
  • Monthly Amount Field: In the section where you normally specify the monthly child support amount, you should write the word “reserved”.

This simple but crucial step formally indicates to the court that child support is not being waived but is reserved for future determination. Without this notation, there may be confusion or unintended waivers of child support rights.

Why Reserving Child Support Matters

Reserving child support protects the best interests of the child while providing flexibility for the parents. Here are some reasons why this approach is important:

  • Future Financial Changes: Parents’ financial situations may improve or worsen after the divorce, affecting the ability to provide support.
  • Changing Needs of the Child: As children grow, their needs evolve, making it important to keep support options open.
  • Legal Protection: It prevents accidental waivers of child support rights that could be difficult or impossible to reverse later.

Final Thoughts

Reserving child support is a simple yet powerful tool in divorce proceedings, especially when you want to keep your options open without setting immediate payments. Remember to attach Form FL-342 and write “reserved” in the monthly amount section to ensure your intentions are clear to the court.

By following this straightforward advice, you can protect your rights and your child’s future financial security while navigating the complexities of divorce in Santa Clarita or anywhere in California.

For more practical tips and guidance on family law matters, be sure to explore resources by experienced professionals like Tim Blankenship at Divorce661.

CHILD SUPPORT or Not: This Is Required for an Uncontested California Divorce | California Divorce

Posted by Tim Blankenship on

 

CHILD SUPPORT or Not: This Is Required for an Uncontested California Divorce

Bottom line: whether or not you and your spouse agree to child support or no child support, you still need to attach a child support calculation as part of your overall divorce package.

whether or not you and your spouse agree to child support or no child support you still need to attach a child support calculation as part of your overall divorce package

Why a child support calculation is required

The court’s primary concern in family law matters is the best interest of the child. Even in uncontested cases where both parents agree on support or agree that no support is appropriate, the family law court expects a clear, documented calculation that shows how the result was reached.

Submitting a child support calculation does three important things:

  • Shows transparency: It documents income, expenses, and the method used to reach the support figure.
  • Protects the court’s duty: It helps judges confirm the arrangement meets legal guidelines and the child’s needs.
  • Prevents delays: Proper documentation reduces the chance the court will reject or ask for additional paperwork, which can slow finalization.

What a proper child support calculation should include

A complete calculation is more than a single dollar amount. At minimum, it should contain:

  • Both parents’ incomes: wages, salaried income, overtime, commissions, bonuses, and self‑employment income.
  • Parenting time or custody arrangement: time the child spends with each parent, which can affect the guideline amount.
  • Health insurance and medical expenses: premiums and out‑of‑pocket costs for the child.
  • Childcare costs: work‑related day care or special needs care expenses.
  • Mandatory deductions: payroll taxes, mandatory retirement contributions, and court‑ordered support for other dependents.
  • Supporting documents: recent pay stubs, year‑to‑date earnings, and most recent tax returns to back up the numbers.

How to prepare and attach the calculation

  1. Gather proof of income for both parents: pay stubs, tax returns, and statements for self‑employment.
  2. Estimate monthly childcare, health insurance, and work‑related expenses for the child.
  3. Use an approved guideline worksheet or an official child support calculator to run the numbers. Keep the worksheet or printout as your completed calculation.
  4. Attach the completed calculation and supporting documents to your divorce filing packet or final judgment paperwork as required by your local court.
  5. Confirm with the court clerk or local court rules whether any specific forms or labeling are required so your packet is accepted without delay.

If you and your spouse agree to no child support

An agreement to waive child support still requires documentation. The court will want to see the calculation that demonstrates why no child support is appropriate—whether because parents’ incomes offset each other, shared costs are handled differently, or another valid reason exists.

Do not rely on a verbal agreement. A written calculation and a signed agreement are far more likely to be accepted and enforced. The court may also ask questions to ensure any waiver is knowingly and voluntarily made and that the child’s needs are protected.

Common pitfalls to avoid

  • Submitting an incomplete or unsigned calculation document.
  • Failing to include up‑to‑date income proof or ignoring overtime and bonus income.
  • Forgetting to add health insurance and childcare costs for the child.
  • Assuming a verbal or informal agreement means no paperwork is required.
  • Not checking local court requirements, which can vary by county.

Quick checklist before you file

  • Completed child support calculation showing how the number (or zero) was reached
  • Pay stubs and tax returns for both parents
  • Documentation of health insurance and childcare costs
  • Signed agreement if parents have mutually agreed to an arrangement
  • Confirm local court rules to ensure all required attachments are included

Final thought

Even in the smoothest uncontested divorces, a child support calculation is not optional. Treat it as part of the core paperwork: prepare it carefully, back it up with documents, and attach it to your divorce package so the court can approve your final agreement without unnecessary delays.

How Is Child Support Calculated in an Amicable Divorce in California | California Divorce

Posted by Tim Blankenship on

 

How Is Child Support Calculated in an Amicable Divorce in California

Who decides child support in an amicable, uncontested divorce?

In an amicable, uncontested California divorce, the two of you control the terms of your separation, including child support. As one simple and important principle puts it:

you and your spouse get to decide the amount of Child Support not the court

That does not mean the decision is without guidance. The court has established a guideline formula designed to calculate an appropriate amount based on incomes and custody. But if both parents agree on a different number that meets the child’s needs and is reasonable, that agreement can be incorporated into the final judgment.

How California child support calculations generally work

California uses a formula that factors in each parent’s net disposable income, the percentage of time the child spends with each parent, and certain allowable deductions. The result is the guideline child support amount, which judges use as a baseline in contested cases.

Key elements considered by the guideline formula:

  • Both parents’ incomes after taxes and mandatory deductions.
  • Time-share or custody split—how many nights the child spends with each parent.
  • Health insurance, child care, and special expenses related to the child’s needs.
  • Mandatory payroll deductions such as union dues or retirement contributions.

When you can choose a different amount

If both parents are on the same page, you can agree to an amount different from the guideline calculation. Couples do this for many reasons: simplicity, cash-flow needs, shared extra expenses, or because one parent is covering certain costs directly (for example, medical insurance or school fees).

To make that agreement enforceable, put it in writing and have it entered as part of your court judgment or as a stipulated order. That way it becomes a legally binding child support order that can be enforced if necessary.

Practical steps to agree and finalize child support

  1. Gather financial documents: recent pay stubs, tax returns, proof of benefits, and records of recurring expenses for the child.
  2. Run the guideline calculation: use California’s child support calculator or ask a professional to run the numbers so both sides see the guideline amount.
  3. Discuss extras: agree who will cover health insurance premiums, uncovered medical costs, daycare, education, and extracurriculars.
  4. Decide on payment mechanics: monthly check, bank transfer, or wage garnishment. Specify due date and whether payments cover all agreed expenses.
  5. Document the agreement: prepare a written settlement or stipulated judgment that lists the agreed amount and all related terms.
  6. File with the court: submit your agreement for incorporation into the divorce judgment so it becomes enforceable.

Tips for a smoother agreement

  • Be transparent about income and expenses. Agreements reached with full disclosure are less likely to be challenged later.
  • Include a review clause for future changes. Life changes—new jobs, relocation, or medical needs—and having a built-in review or modification trigger helps avoid disputes.
  • Address extraordinary expenses like college, therapy, or specialized care so there is no ambiguity about who pays what.
  • Put everything in writing and make sure the language is specific. Vague agreements create confusion and enforcement problems.
  • Consider professional help for calculations or drafting the legal documents. A mediator, family law attorney, or the family law facilitator can help ensure the agreement is fair and enforceable.

When the court will step in

Even in amicable cases, the court retains ultimate authority over child support to protect the child’s best interests. If an agreement is clearly unreasonable, fails to provide for essential needs, or is made under fraud or duress, the court may refuse to adopt it or later modify it.

Additionally, if circumstances change significantly after the judgment—such as a substantial income change or a major shift in custody—either parent can ask the court to modify the support order.

Final thoughts

The advantage of an amicable, uncontested divorce is control and flexibility. You and your co-parent can craft a child support solution that fits your family’s unique situation. Use the guideline calculation as a benchmark, be thorough in documenting your agreement, and make sure the resulting judgment is filed so the support arrangement is both clear and enforceable.

If you need help running the calculations or drafting an enforceable agreement, professional assistance is readily available and can save time, reduce risk, and protect your child’s financial security.

Long Term Separation With Kids: Nothing Has To Change | California Divorce

Posted by Tim Blankenship on

 

Long Term Separation With Kids: Nothing Has To Change

Being separated for years while raising kids can feel like living in two different worlds. You may have split households, split responsibilities, and a rhythm that works — all without ever filing for divorce. If that describes your situation, there is one simple truth to keep in mind: filing for divorce does not automatically force you to upend the life you and your children have built.

“When you go to file for divorce nothing has to change at that point we are just memorializing and documenting what you’ve been doing all this time”

Why people delay filing

Long term separations happen for many reasons. Some common ones include:

  • Financial concerns or uncertainty about dividing property
  • A desire to keep routines stable for children
  • A hope reconciliation might still happen
  • Fear of court, cost, or stress of litigation
  • Uncertainty about how custody and support will be decided

Whatever the reason, couples often develop practical arrangements over time — schedules, financial contributions, schooling logistics, medical care — that simply work. Filing for divorce can be the step that makes those arrangements legally binding, not a mandate to change them.

What filing for divorce actually does

Filing is primarily a process of documentation and legal recognition. In many cases, the court will accept the parenting schedule, child support arrangements, and division of responsibilities you and your co-parent have already been following. Filing can:

  • Memorialize agreements so they become enforceable
  • Provide clarity on issues like custody, visitation, and support
  • Protect rights related to property, retirement accounts, and future financial obligations
  • Give peace of mind by providing an official roadmap for the future

Common concerns and realities

Here are questions people often ask and what tends to happen in practice:

Will I lose my parenting time or change the schedule?

Not necessarily. If both parents agree and the existing schedule is in the children’s best interests, courts frequently approve those arrangements. The key is documenting the schedule and showing it works for the kids.

Will child support change?

Support calculations can be adjusted when a formal case is opened, but courts typically use current incomes, custody percentages, and established expenses to calculate support. If you and your co-parent have already been sharing expenses, that history can inform the court’s decision.

Will property and assets be split immediately?

Filing starts the legal process for dividing assets, but spouses can agree on how to divide property and submit that agreement to the court. If you prefer the status quo, an agreement can reflect that arrangement.

Steps to take before you file

Preparing before you file makes the process smoother and helps preserve the life your children rely on.

  1. Document your current arrangements: parenting schedule, financial contributions, school and medical responsibilities.
  2. Gather financial records: pay stubs, bank accounts, retirement statements, mortgage and debt information.
  3. Discuss goals with your co-parent: decide what should remain the same and what might need to change.
  4. Consider a parenting plan: a written plan that outlines custody, decision-making, holidays, and communication protocols.
  5. Consult a family law professional: get advice tailored to your state and your family’s circumstances.

Benefits of formalizing long-standing arrangements

Turning an informal separation arrangement into a legal agreement can offer:

  • Enforceability: a court order can be enforced if one parent fails to follow it.
  • Stability for children: clear expectations reduce conflict and uncertainty.
  • Financial clarity: a formal child support order and property division reduce future disputes.
  • Protection: legal recognition can protect both parents and children in emergencies or future changes.

When things might change

Filing does not guarantee everything will stay the same. If issues are contested — for example, if one parent seeks a different custody arrangement or disputes the division of assets — the court will make decisions based on the law and the best interests of the children. That said, many cases are resolved by agreement, preserving the practical arrangements families have used for years.

Final thoughts

Long-term separation with children does not force radical change when you decide to file for divorce. In many situations, filing is a way to document and protect what has already been working. The most important steps are to document your arrangements, communicate with your co-parent, and seek legal guidance so you can protect your children’s stability and your own interests.

If you are thinking about taking this step, prepare your documentation, clarify what you want to keep the same, and consult an attorney to understand the specifics for your situation. The result can be a legal agreement that reflects the life you and your children already know.

Why Life Insurance Should Be Part Of Your Divorce | California Divorce

Posted by Tim Blankenship on

 

Why Life Insurance Should Be Part Of Your Divorce

When a marriage ends, the financial arrangements you make during the divorce determine how both parties—and any children—will fare in the years ahead. One of the most overlooked but powerful tools to protect ongoing support payments is life insurance. Properly structured, it ensures that child support and spousal support obligations continue even if the payer dies unexpectedly.

Why life insurance matters in a divorce

Divorce often shifts economic responsibility onto one spouse. If that spouse is the primary income earner, their death can abruptly eliminate the funds that the other spouse and the children depend on. Judges and attorneys commonly recommend life insurance to secure those ongoing payments. The core idea is simple: replace the income stream so family members don’t have to radically change their lifestyle because of an unexpected death.

“We want to make sure families out there don’t change their lifestyle and… continue to have their lifestyle going.”

Which type of policy is usually recommended?

Term life insurance is a common and cost-effective solution for divorces. It provides a fixed death benefit for a specified number of years and is typically much cheaper than permanent policies. For support obligations tied to a defined period—like raising children to adulthood—a term policy matches the need.

Typical scenarios and term lengths

If children are young (for example, ages 2 to 5), a term that covers until the children reach 18 is often appropriate. Common choices are 15, 20, or 25 year term policies depending on the ages of the kids and the duration of support obligations. The goal is to align the policy term with the period during which support would be required.

How to estimate how much coverage you need

A practical way to calculate coverage for child support is to multiply the monthly support amount by the number of remaining months or years until the children are independent. For example:

  • If child support is $1,000 per month and a child is 8 years old, consider covering at least 10 more years.
  • $1,000 × 12 months × 10 years = $120,000 death benefit.

This approach gives a straightforward replacement of the expected support stream. Many people add a buffer—one or two extra years—to account for inflation, college costs, or unexpected expenses.

Cost considerations

Term policies are generally affordable. Depending on age, health, coverage amount, and term length, annual premiums can range widely. In many divorce-related cases the yearly cost may be a few hundred to a couple thousand dollars, which is often seen as a modest price to protect a family’s financial future.

“Term policy is really not expensive at all… a really cost effective way.”

Who should be the beneficiary and how to protect the funds?

There are a few common beneficiary structures:

  • Ex-spouse as beneficiary: The ex-spouse receives the proceeds and is contractually obligated—through the divorce agreement—to use those funds for child or spousal support. A written agreement helps enforce intended use.
  • Children as beneficiaries: The children can be direct beneficiaries, sometimes with a trust or guardian arrangement to manage funds until they reach adulthood.
  • Trust or court-controlled arrangement: A trust can specify exactly how proceeds are used, protecting funds from mismanagement and ensuring dollars are used for education, living expenses, and other agreed purposes.

Each option has pros and cons. Naming the ex-spouse is simple but relies on enforcement of the divorce decree. A trust provides more control but requires legal setup and may be more costly initially.

Other insurance considerations

Life insurance is one piece of a broader risk-management plan. Depending on circumstances, consider:

  • Disability insurance to protect income if the payer becomes unable to work.
  • Long-term care coverage to manage costs of serious illness that could otherwise drain assets.
  • Group or individual health insurance where continuity of medical coverage is crucial after a divorce.

Practical checklist for protecting support obligations

  1. Identify the duration of support obligations (child support end dates, spousal support term).
  2. Calculate a replacement amount: monthly support × number of remaining months or years.
  3. Consider a buffer for inflation, college, or unexpected expenses.
  4. Choose a term length that covers the support period.
  5. Decide on a beneficiary structure: ex-spouse, children, or trust.
  6. Obtain quotes from a reputable insurance agent and compare policy features and exclusions.
  7. Include the policy and beneficiary arrangement in the divorce settlement or court order.
  8. Review the policy periodically and update it if circumstances change.

Next steps

Consult with your attorney and a licensed insurance professional to craft the right coverage and beneficiary structure for your situation. Securing life insurance as part of the divorce process is a practical, affordable way to protect children and the financially dependent spouse from sudden loss of support.

Key takeaway: Adding life insurance to divorce agreements turns uncertain future income into a guaranteed death benefit, helping families maintain financial stability when they need it most.

You Will Pay Child Support Forever if You Don’t Do This: Uncontested California Divorce | California Divorce

Posted by Tim Blankenship on

 

You Will Pay Child Support Forever if You Don’t Do This: Uncontested California Divorce

Two people contacted me this week because child support was still being deducted from their paychecks even though their children had been adults for years. The unpleasant reality is this: child support does not stop automatically. If you want the payments to end, you must take steps to terminate the order.

child support will not stop automatically you have to file a termination order so make sure you get that in as soon as possible to stop the child support

Why child support keeps coming out of your paycheck

Court orders and wage assignments remain in effect until they are formally changed or terminated by the court. Employers and payroll departments follow the paperwork on file. That means even after a child reaches adulthood or becomes emancipated, automatic payroll withholding will continue unless there is an official court order that ends the obligation.

Other reasons payments may continue include existing arrears, liens, or an ongoing collection through a state child support agency. Simply assuming the obligation has ended is one of the most common and costly mistakes.

Immediate action plan: Stop unnecessary child support deductions

  1. Confirm the existing order. Find your case number and court documents so you know exactly what was ordered and who is withholding wages.
  2. Determine the basis for continued withholding. Is the employer following a child support wage assignment, or is a state child support agency enforcing arrears? Knowing who is collecting helps you target the next step.
  3. Prepare a termination order or stipulation. If the child support obligation has ended (for example, the child reached the applicable age or is otherwise emancipated), the parties can file a stipulated order to terminate support. In uncontested situations this is usually the quickest route.
  4. File and obtain a signed court order. Submit the stipulation or petition to the family court and get the judge’s signature. Until the court signs and the order is entered, nothing changes.
  5. Provide the certified order to payroll and agencies. Deliver a certified copy of the signed termination order to the employer, payroll department, and any child support agency that was enforcing the withholding.
  6. Check for refunds or credit on arrears. If overpayments occurred while the order should have been terminated, ask about refunds or credits. Rules vary, so get legal or agency guidance.

Common pitfalls to avoid

  • Waiting for the court to do it for you. Courts do not automatically modify orders when a child becomes an adult. You must file.
  • Assuming employer payroll will act without a court document. Employers require an official order or a notice from the child support agency before stopping wage withholding.
  • Overlooking arrears and liens. Even after child support ends, unpaid arrears can continue to be collected until paid or otherwise resolved.
  • Not getting certified copies. A judge’s signature alone is not enough — provide certified copies to the parties who are withholding funds.

When to get professional help

If the other parent refuses to sign a stipulation, if you suspect arrears are being enforced, or if the payroll department will not stop deductions even after an order is signed, consult with a family law attorney or reach out to the local child support agency. Many courts also have family law facilitators who can explain the forms and filing process for uncontested matters.

Final note

If child support is still coming out of your paycheck and the child is no longer a minor, act now. File the termination order, get the court to sign it, and deliver certified copies to payroll and any agency involved. Taking these practical steps will stop unwanted deductions and protect your income going forward.

How to Handle Child Support and Custody in Lancaster | Lancaster Divorce

Posted by Tim Blankenship on

 

How to Handle Child Support and Custody in Lancaster

Why custody and support matter

If you are going through a divorce in Lancaster and have children, two of the most important issues to resolve are child custody and child support. Getting these right protects your child’s stability and reduces conflict between parents. Clear agreements and correct calculations also make finalizing your divorce faster and less stressful.

Legal custody versus physical custody

Custody in California is divided into two distinct parts:

  • Legal custody — who makes important decisions for the child, such as education, medical care, and religious upbringing.
  • Physical custody — where and with whom the child lives on a day-to-day basis.

Parents can share both types of custody in many different combinations. The goal should always be what is in the best interest of the child, while creating a practical plan parents can follow.

Why a parenting plan is better than a court order

Agreements usually work better than orders imposed by a judge.

When parents collaborate to build a parenting plan, the result is usually more workable and less adversarial than a judge-imposed schedule. A well-drafted parenting plan reduces misunderstandings, lowers conflict, and clarifies expectations for holidays, school, and daily routines.

Key elements every parenting plan should include:

  • A regular custody and visitation schedule, including weekdays and weekends
  • Holiday and school-break arrangements
  • Decision-making authority and how major decisions will be handled
  • Communication methods for parents and for the child
  • A process for resolving disputes or modifying the plan as circumstances change

How child support is calculated in California

Child support is determined using state guideline calculations that take into account multiple factors. The most important inputs are:

  • Each parent’s income
  • Time the child spends with each parent
  • Certain child-related expenses such as health insurance, childcare, and special needs

The state requires the use of court-approved software to run the guideline calculation so the result is standardized and accepted by the court. That calculation often produces a fair starting point, but parents can agree to a different arrangement if it meets the child’s best interests and is properly documented.

A real example from Lancaster

A Lancaster couple shared 50/50 physical custody and had similar incomes. When the guideline calculation was run, it showed little to no child support was needed because income and parenting time were essentially equal. By documenting their agreement clearly and filing it with the court, they avoided conflict and finalized their divorce smoothly.

Practical tips to avoid delays and disputes

  1. Document everything — put your parenting plan and support agreement in writing. Vagueness leads to disagreements later.
  2. Use accurate financial information — include income, tax returns, and proof of health insurance and childcare costs.
  3. Run the court-required guideline calculation — use the court software or have a professional run it so your numbers are accepted by the court.
  4. File correctly — submit all required documents to the court in the proper format to avoid delays.
  5. Consider mediation or professional help — a neutral professional can help craft a plan that works for everyone and reduces the need for litigation.

Getting help with custody and support

Preparing custody agreements and getting child support calculated correctly can be straightforward when you follow the rules and document your agreement. Professional services can prepare the necessary documents, run the court-approved calculations, and ensure everything is filed properly to avoid delays and disagreements.

If you want assistance creating a fair, stress-free custody and support arrangement in Lancaster, visit divorce661.com to schedule a free consultation and learn how to move forward with confidence.

Glendale Divorce Laws: What You Need to Know | Glendale Divorce

Posted by Tim Blankenship on

 

Glendale Divorce Laws: What You Need to Know

How Glendale divorces are handled

If you live in Glendale and are considering divorce, your case is handled through the Los Angeles County Superior Court. That matters because most filings are electronic. Expect e‑filing to be the standard for petitions, responses, and many supporting documents. Electronic filing streamlines timelines but also means deadlines and document formats must be followed precisely.

California is a no-fault divorce state

California law does not require proof of wrongdoing to end a marriage. Instead, a spouse can state that the marriage has irretrievably broken down for reasons often called “irreconcilable differences.” No-fault divorce removes the need to prove fault, so the focus shifts to practical issues like property, support, and parenting arrangements.

Understanding community property

One of the most important concepts in California divorces is community property. In simple terms:

  • Anything acquired by either spouse during the marriage is generally community property and is divided 50/50 at divorce.
  • Property owned before marriage, inheritances, and gifts to one spouse are typically treated as separate property, unless they were commingled with community assets.
  • Tracing and documentation matter a lot. If funds or assets were mixed, you may need proof to establish whether something is separate or community property.

“Anything you or your spouse acquired during the marriage is considered community property and is generally divided 50/50.”

Even when the law presumes a 50/50 split, reimbursement claims, business valuations, pensions, and tax consequences can complicate the final distribution. Full financial disclosure by both parties makes the process smoother and fairer.

Spousal support, child custody, and child support basics

These three topics are often the most emotional and important parts of a divorce:

Spousal support

Spousal support (alimony) can be awarded based on factors like the length of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage. Support can be temporary (while the case is pending) and/or longer term after judgment depending on the circumstances.

Child custody and parenting time

Custody decisions are made based on the child’s best interest. Courts encourage parenting plans that promote frequent and continuing contact with both parents when appropriate. Parenting time is a primary factor for courts when setting custody arrangements.

Child support

Child support is calculated using California’s guideline formula that factors in both parents’ incomes, tax filing status, and the percentage of time each parent spends with the children. The goal is to ensure the children’s financial needs are met consistently after separation.

How amicable divorces can avoid court

An uncontested divorce where both spouses agree on property division, support, and parenting can often be resolved without court appearances. When both parties are cooperative, you can:

  • Draft a written marital settlement agreement covering all issues
  • File the necessary forms electronically with the court
  • Request a judgment based on the terms of your agreement

When done correctly, an amicable case can be finalized quickly—sometimes in just a few weeks—without hearings or trial. Using a structured process and accurate paperwork helps the court approve the agreement expeditiously.

Practical checklist to get started

  1. Gather documentation: marriage certificate, tax returns, pay stubs, bank and retirement statements, mortgage and loan documents.
  2. Make a list of assets and debts, and note when and how they were acquired.
  3. Decide on temporary arrangements for housing, expenses, and parenting time while the case is pending.
  4. Exchange full financial disclosures with your spouse to avoid surprises later.
  5. Consider mediation, collaborative divorce, or flat-fee document services to keep costs predictable.
  6. Understand tax and retirement consequences before signing any agreement.

Tips to avoid costly mistakes

  • Do not hide assets or income. Full disclosure is legally required and failure to disclose can result in reopening the case later.
  • Get professional valuations for businesses, pensions, or real estate when needed.
  • Understand that a signed agreement becomes a court order once entered as a judgment, so be sure you know the long-term effects.
  • Use clear language in settlement documents to avoid ambiguity about who gets what and when.

If you want the process handled for you

If you live in Glendale and prefer a guided, efficient process, there are flat-fee, remote services that handle the paperwork, prepare settlements, and file electronically with the Los Angeles County Superior Court. These services can help couples finalize an uncontested divorce quickly while ensuring compliance with California law.

Starting a divorce the right way means knowing how California’s no-fault rules, community property principles, and support guidelines affect your outcome. Thoughtful preparation and accurate paperwork often make the difference between a quick, stress-free resolution and a lengthy, expensive court battle.

If you want help getting started, look for services that offer a free consultation and handle electronic filings in Los Angeles County.