Legal Question in Family Law in California
Terminating Child Support
My son graduated June, 2002 and turned age 18 in October, 2002. Two months prior to his turning 18, my ex-wife enforced a wage assignment. Do I have to file an Order to Modify Support and go back to court/hearing or is there some other streamlined way to have the wage assignment modified to only garnish the amount of court ordered support for the other minor child?
3 Answers from Attorneys
Re: Terminating Child Support
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NOW, IN RESPONSE TO YOUR INQUIRY --
Support for the older child terminates by operation of law, absent anything to the contrary in the support order. If the child support order specifies the amount of support atrtributable to the younger child (it's not just 50/50), all you need to do is prepare a revised wage assignment order and submit it to the court (with a copy of the child support order for ready reference). When the revised wage assignment is executed by the court and returned to you, serve it upon your employer and send a courtesy copy to your ex. If the amount of support attributable to the younger child is not specified, you will have to either agree on the amount with your ex or get a new court order.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Terminating Child Support
You should be able to amend the wage assignment without a formal hearing. Ask the Facilitator's office at the court that issued the wage assignment to help you prepare that new wage assignment. Good Luck, Pat McCrary
Reply: Terminating Child Support
You need to file an Order Order To Show Cause, as the wage assignment form does not specify a specific dollar amount per month per child, it only reflects a total amount of child support per month.
Good luck to you!
Brian Levy, Esq.
Law Offices of Brian Don Levy