Legal Question in Family Law in California

Re: Wage and Earnings Assignment Order

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NOW, IN RESPONSE TO YOUR INQUIRY --

California Family Code section 3901(a) states: "The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first." Child support orders therefore include similar language.

If you or your attorney prepare a revised Wage Assignment Order and submit it to the court, together with copies of the underlying support order and/or judgment (for the court's ready reference) and some documentation that the child has met the required "milestones" (e.g., 18 years old and completed high school or 19 years old or married), the court probably will execute the revised order without further ado. Then have a third party serve the executed revised order on your employer.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: Wage and Earnings Assignment Order

The court will not automatically notify your employer. You will need a court order that the wage assignment is to stop. Hopefully, the other parent will stipulate, otherwise you will need to check the local court rules on the procedure. You might need to set a hearing. Check with your local court facilitator's office if they have one in your county. Good Luck, Pat McCrary

Reply: Wage and Earnings Assignment Order

The court will not automatically notify your employer. You will need an "Amended Wage and Earning Assignment Order" for child support, amending child support to ZERO. Possibly the other parent will stipulate, otherwise you will need to return to court. You can check with your local court facilitator's office if they have one in your county.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net