Legal Question in Family Law in California
Age of majority
My husband was awarded joint custody of his son with the primary residence being with his sons mother. The divorce decree states that child support would continue until his son moved out, married, or reached the age of majority. What does the age of majority mean? My husbands wages are garnished for the support, how do we go about stopping the garnishment?
3 Answers from Attorneys
Re: Age of majority
Age of majority is 18. you need a court order to remove a garnishment.
Re: Age of majority
In California, child support orders entered after 1998 (?) also include "graduation from high school" as age of majority. In other words, if the order was entered after that law went into effect, and the child turned 18 in March but graduated in June, then child support would continue until June.
You can try writing a letter to your husband's employer with a copy of the child's proof of age (birth certificate?) and the court decree to see if they'll stop the garnishment without a court order. A court order's always your best bet, though. Good luck.
Re: Age of majority
Age of Majority is eighteen years old. If the minor has reached age of majority and has graduated from Highschool then child support should be stopped. However, you will need to file a motion with the court to stay the garnishment, if it is ongoing. If you need more information and live in Southern California then contact my office at 310-839-7700.
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