Terminating Income Withholding Order For Child Support California Divorce
Today I want to talk a little bit about terminating an income withholding order for child support and how to go about doing that.
If you have been divorced and the divorce is over and there has been an order for child support with an income withholding order, so let me back up and explain what that is.
If you’re reading this, you probably know what it is. You got divorced, the divorce got finalized for a period of five, ten, fifteen, who knows how many years you have been paying child support and the child support has been taken out directly out of your pay through your employer via withholding orders called an income withholding order.
If you’ve done that, you need to look in to the future in advance and seen when child support is going to terminate per the order.
In most cases it’ll say something to the effect of that you have to pay child support until your son or daughter turns 18 and is no longer a full time high school student.
You have to have one or two conditions met. Make sure to check the language, it should be pretty standard. There’s one or two other things that could keep you having to pay child support so make sure to take a look at that.
But that’s generally the rule, up until 18 and high school student. Once those two things are met then you can terminate child support if that’s what your order says.
I had a gentleman come in today and in advance he is doing the right thing, he’s daughter is going to turn 18 in two months and she is already graduated from high school so, as soon as she turns 18, effectively he can terminate child support.
The reason you want to do this in advance is because you have to go through the motions with the court to get a new court order or zero child support order. So right now, his employer is taking out the money from his pay check.
Unfortunately, the courts aren’t proactive. He can’t go to court before her daughter turns 18 and say, ‘look my daughter is going to be 18 in a few months, please sign a new order so I can get it to my employer now so they can stop paying child support right on the money, right when the time comes.
What he has to do is, he needs to file a motion, he needs to get a court date immediately following her 18th birthday which is what we’re doing for him. So, literally the day after the birthday of his daughter he’s going to go to court, show a birth certificate, she turned 18 yesterday and here’s her certificate or here’s her diploma from high school.
The point of this video is, make sure you do this in advance. If you’ve already got in to the point where you no longer should be paying child support and there’s an income withholding order. Expect to pay child support for another two to three months.
Reason being is it’s going to take that long to get you in to court, get the judge to sign the termination order on the income withholding order and get that filed, signed by the judge and served on your employer. So, keep in mind, do this in advance you are going to want to file a motion around 60 to 90 days before she can get that date you want right after they turn 18.
Tim Blankenship, divorce661.com, we specialize in divorce in all of California. Feel free to give me a call, I’d be happy to help you with any motions, divorce and things at that nature. 661-281-0266 or you ca go to our website at divorce661.com
