How To Terminate Income Withholding Order For California Divorce
This week we’ve been talking about income withholding orders. This is for child support and spousal support.
This is an order you can get from the court that can be served on an employer for purposes of withholding support so that can be paid directly to the person receiving support.
We’ve talked about on how to fill that out in previous videos, now we’re talking about how to cancel an order. How to terminate an order for either child support or spousal support and why it’s important.
Just as you would in filling out a new income withholding order for support, you will do the same thing on it and you will mark the box that says terminate the income withholding order. And you would go through the same process and I’ll go over that quickly here.
Fill out the income withholding order, mark the appropriate boxes, mark you’re terminating support, file it with the court, get the order from the judge, and then serve it on the employer by certified mail.
That’s the way you would terminate the support.
Now, when are you going to want to do this?
If you have let’s say, obviously an existing order and your employer is paying out either every income and that’s going to be changed, there’s a modification or spousal support terminated or let’s say the kids turn eighteen and you’re paying child support.
You have to keep in mind that those orders and the withholding order does not automatically just terminate when it’s eighteen. You have to go back to court, get a new order and then you have to go in and re-serve that on your employer.
Now, keep in mind, you can get the judges sign an income withholding order terminating support without a modification done.
That means you’re going to have to file a motion with the court and get the paperwork in to show the court, “hey my kids are eighteen” for instance. Get him to change the order to zero, and then you have to fill out a new income withholding order terminating support, and then get that ordered by the court and then submit it to your employer.
Now, the issue with this is that the time frames are not going to work really well because the judges aren’t going to sign an income withholding order terminating child support until the kids turn eighteen and you can’t file that until the kids turn eighteen.
So you’re going to end up having some amount of over payment in child support because of the time as processing the paperwork with the court. Getting a new order, getting it served on your employer before they stop pulling out the child support.
It happens every time. We do this a lot. We can help you fill out the income withholding order, we can help you get your motion in to modify in support or child support.
But you want to get that in as quickly as possible, trying to time your hearing when the kids are actually turn eighteen.
My name is Tim Blankenship with divorce661.com. We do help with California divorce cases everywhere in California so feel free to give me a call. My number is 661-281-0266.