Legal Question in Family Law in California
In California how do you stop a wage garnishment for child support when the child reaches the age of 18?
5 Answers from Attorneys
You have to first petition the court to change the support order.
If the child is not still a full-time high school student living at home, you would have to either get a stipulation signed by the other party and filed with the court as a court order, or you would have to file a motion with the court to get a court order to stop the wage assignment. I would also ask for reimbursement for any monies received by the other party.
BARRY BESSER
www.besserlaw.com
I wouldn't take legal advice from anyone with the terms "legal quackster" next to their name. I agree with Mr. Besser.
Some counties allow you to file an Income Withholding Order for $0 and the judge will sign this if they have proof that the child graduated from highschool (i.e. copy of highschool diploma). If not, you will have to file an Order to Show Cause to terminate child support. Call the court's family law assistance center and see what their procedure is. Good Luck.