Legal Question in Family Law in California
Approx. 15 years ago my mother obtained guardianship of my 3 children who are now the ages of 20, 22 and 26 years old. Throughout the past 15 years I have always had my wages garnished for child support. My ex husband also had his wages garnished via court order. I just learned that 2 years ago my ex husband somehow managed to get "his" case closed and has not been paying child support for the last two years, however I have and continue to still have my wages garnished every pay period. How can one parent have to pay and the other parent doesn't? I've worked during the last 15 years and have always had my wages garnished so how did my ex get out of having to re pay and I'm still paying?
1 Answer from Attorneys
Your youngest turned 18. The support obligation ended at that time. He went to court and got the support order terminated based on the child becoming an adult. You should have done the same thing. You need to do it now. You may be entitled to a refund, but that is far from certain.
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