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.

You Will Pay Child Support FOREVER if You Don’t do THIS: Uncontested California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

😮 You Will Pay Child Support FOREVER if You Don’t do THIS: Uncontested California Divorce

Child support is a crucial financial responsibility for many parents, but did you know that it doesn’t automatically end when your child becomes an adult? Tim Blankenship from Divorce661 recently shared an important insight that every parent paying child support in California needs to hear: child support payments will continue indefinitely unless you take specific legal action to stop them.

Why Child Support Doesn’t Stop Automatically

It’s a common misconception that child support payments end once your child reaches adulthood. However, the reality is quite different. Child support orders remain in effect until you file a termination order with the court. This means that if you don’t actively pursue ending the child support obligation, money will keep coming out of your paycheck, even if your child has been an adult for years.

The Importance of Filing a Termination Order

Tim Blankenship has had multiple people reach out recently who were surprised to find child support still being deducted from their wages long after their children were grown. The key takeaway is that child support will not stop on its own. You must file a termination order with your local family court to officially end the payments.

Here’s what you need to know about the process:

  • File the appropriate paperwork: Contact your family court to obtain the forms required to request termination of child support.
  • Provide proof that the child is an adult: You may need to submit documentation such as a birth certificate or other proof that the child has reached the age of majority.
  • Attend any required hearings: Some courts may require a hearing to finalize the termination order.

Why Acting Quickly Matters

Delaying the filing of a termination order can result in unnecessary financial strain. Child support deductions from your paycheck could continue for months or even years beyond when they should have stopped. By taking prompt action, you can avoid paying child support longer than legally required.

Additional Considerations

While child support typically ends when a child turns 18 or graduates from high school (whichever happens later), there are exceptions. For example, if the child has special needs or there are other court-ordered agreements, support might continue longer. It’s important to review your specific court order and consult with a family law professional if you have questions.

Conclusion

If you are paying child support and your child is already an adult, don’t assume the payments will stop automatically. As Tim Blankenship emphasizes, you must file a termination order to end child support legally. Taking this step will save you from paying indefinitely and help you close this chapter of your financial obligations.

Stay informed and proactive about your legal responsibilities. If you need assistance with filing a termination order or understanding your child support obligations, consider reaching out to a qualified family law attorney or your local court for guidance.