How To Terminate Child Support Order | Getting Judge To Sign FL-195 For Employer
If you’re currently paying child support and have an income withholding order (Form FL-195) on file with your employer, it’s important to understand the process involved in terminating that order when it’s no longer applicable. Whether your child has turned 18 or circumstances have changed, simply expecting the deductions to stop isn’t enough. You need a court-approved termination to ensure your employer ceases withholding the support payments correctly.
In this article, I’ll walk you through what you need to know about terminating a child support order, the role of the FL-195 form, and the timing considerations you should keep in mind to avoid unnecessary deductions. This insight comes from my experience helping clients navigate family law paperwork efficiently.
What is an FL-195 Income Withholding Order?
The FL-195 is a court-signed income withholding order that is usually sent directly to your employer once a child support or spousal support order is finalized. It instructs your employer to automatically deduct a specific amount from your paycheck to cover your support obligations.
For the employer, this order acts as the official notification of how much to withhold and remit to the appropriate party. For the person paying support, it ensures consistent payments without having to handle them manually.
Why You Need a Court Order to Terminate Child Support
When child support is no longer required—such as when a child reaches the age of majority—stopping payments isn’t as simple as asking your employer to stop withholding. The employer relies on the FL-195 form on file, which remains valid until a judge signs an official termination order.
This means you must go back to court and file a motion requesting the judge to sign a new order that specifically terminates the child support obligation. Without this signed order, your employer will continue withholding support based on the existing FL-195.
Common Scenario: Child Turning 18
One typical situation involves a child turning 18, which often ends the requirement for child support. However, if the termination order isn’t filed and approved ahead of time, your employer will continue deductions until they receive that paperwork.
Because processing the court motion and obtaining the judge’s signature can take several weeks, it’s crucial to plan ahead to avoid overpayment or confusion.
Timing and Planning: Avoiding Unnecessary Deductions
Here’s the critical takeaway: terminating a child support order is not instantaneous. After filing a motion in court, it generally takes about 60 days for the judge to review and sign the termination order. Only then can the employer legally stop withholding payments.
If you wait until the last minute—such as right before the child turns 18 or the last payment is due—you risk having support deducted beyond what’s necessary.
- Plan ahead: Start the termination process at least four to five months before the support should end.
- File a motion early: This gives the court enough time to process your request and issue the signed order.
- Communicate with your employer: Let them know the situation, but understand they need the official court order before making changes.
Steps to Terminate a Child Support Order
- Determine the date when child support should end (e.g., child’s 18th birthday).
- File a motion with the court requesting the termination of the child support order.
- Wait for the judge to review and sign the termination order.
- Ensure the signed termination order (new FL-195) is sent to your employer.
- Your employer will then stop withholding child support based on the new order.
Final Thoughts
Terminating a child support order requires more than just notifying your employer. Because the FL-195 income withholding order remains in effect until a judge signs a new termination order, court involvement is essential.
To avoid unnecessary deductions and confusion, begin the process well in advance. Planning ahead by at least four to five months can save you time, money, and hassle.
If you need assistance navigating this process or have questions about your child support or spousal support orders, don’t hesitate to seek legal support. Proper handling of these orders ensures everyone’s rights and responsibilities are respected.
About the Author: Tim Blankenship with SCV Legal Doc Assist specializes in family law documentation and support. For help with child support termination or other legal paperwork, visit divorce661.com or call 661-2867.