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Author Topic: how 2 stop CS in riv co CA? child is 18!  (Read 9621 times)

almost done

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how 2 stop CS in riv co CA? child is 18!
« on: Apr 23, 2009, 10:49:36 AM »
PLEASE HELP! ...never thought it would be this hard to END a child support order!  ...getting conflicting info!
CS order is done through family law court in riverside county CA.  there is a wage assignment stating to withhold the CS amount "until further notice".  do we have to have another hearing to get a new order from the judge, cancelling this wage assignment?  that seems like a whole lot of time, money, and drama- just to end the CS.
the court order states to end the CS when the child is 18 and graduates from HS.

please help!!!!


shaden3

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Re: how 2 stop CS in riv co CA? child is 18!
« Reply #1 on: Apr 23, 2009, 04:23:29 PM »
Go to childsup.ca.gov website and there's a pdf child support handbook to download.
The handbook has answers to your questions. No automatic termination; your local CS office must make the determination. Notification must be sent to employer to end the garnishment. Good luck!
Thou shalt not be a perpetrator. Thou shalt not be a victim. Above all, thou shalt not be a bystander.

almost done

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Re: how 2 stop CS in riv co CA? child is 18!
« Reply #2 on: Apr 23, 2009, 05:32:17 PM »
THANK YOU SO MUCH for the reply!  unfortunately our case is through the family law court in riverside county CA.  cases handled through a child support agency have a whole different set of rules and guidelines.  for us, some people say we have to file an OSC and actually have a hearing to END the childsupport.....others say we can file something ourselves with the court to get a new wage garnishment reflecting a zero amount to deduct...effective the day after the child graduates (after already having turned 18).  bottom line is that the current order already says the CS ends when the child turns 18 and graduates.  we don't understand why we can't get a straight answer on how to stop the garnishment.  we would appreciate any feedback anyone has! THANK YOU!

tmeonmysde

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Re: how 2 stop CS in riv co CA? child is 18!
« Reply #3 on: Jul 02, 2011, 11:14:22 PM »
Wow we are feeling for you as we are in the same boat, however due to modification in CS we actually overpaid therefore the overpayement was put forward and now the case is "semi" closed, cannot be fully (legally) closed till the child turns 18. Now there was a garnishment but due to the fact of the new modification/overpayment that garnishment was closed and therefore no more money can be distributed. Now, is the child 18 and has the child graduated? Do you have access to the records? You may use the FERPA LAW to access the child's school records to see if he/she has graduated, unless the child is now 18 then you cannot access without the child's permission...sticky I know! I am not sure why Riverside would be any different than any other part of CA, we live in N Cal and thus they told us when the child turns 18 a letter is sent to the custodial parent about 2mths prior to the 18th bday to state whether the child has graduated or not, and if they have not graduated they (DCSS) states they have to have legal docs from the school itself proving the child will still be in school, therefore the CS would continue till the child graduates or turns 19...19 is the very end! If you are having issues, then contact your DCSS office and get with someone pronto to have the garnishment stopped. I have heard of cases where this has happened up to a year after the kid has turned 18 and graduated...you just have to be diligent on getting it stopped. Best of Luck1

JenB74

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Re: how 2 stop CS in riv co CA? child is 18!
« Reply #4 on: Jul 13, 2011, 10:48:50 PM »
I guess their issue was resolved since they posted 2 years ago but my husband and I are soon facing this very situation. No one prepares you for the end. It's definitely been a 15 year routine paying support but my stepchild's 18th birthday is fast approaching. They really should notify people sooner, a six month head start would be nice. I've contacted our county courts for info through Facilitators. They are even mailing us the forms and told us we can submit them three months prior to the child's 18th birthday.

The hubby still needs to call DCSS and ask them the same questions..how does the end process work, etc etc. They will be able to look up the specific case, rather than give general answers...be prepared through all avenues. It's nice to be able to know ok so I can submit court forms and get a stop/termination order but then how does DCSS get noticed and how soon do they notify payroll, etc etc. I'm a stickler for details and like to be prepared . I was told we will have to file an ex-parte form for modification of child support order and income withholding, as I said, 3 months prior to the 18th birthday. We've also contacted the child's school to get record/documentation of graduation.

Haven't heard back yet but we'll give it until school starts up. Otherwise, we may have to quote the FERPA law, as we've had to many times before. Once a child turns 18, you're right, parents no longer have access to records. And unfortunately in our case, BM can and has been incredibly uncooperative over the many years and once she receives notice at the 2-month mark, she might even attempt to lie about completion of schooling. I hope that is not the case as it just makes things more complicated for everyone. 

Just wanted to share the info I have on the subject. Most of us know how paying support works but never much given any info on how it ends. I know we've wondered about it and been reading online for awhile. So while I can share these little nuggets of info I can't stress how important it is to start asking questions well ahead of time and call or email your local court facilitators and/or whomever is handling your child support case. Termination is not automatic so unless you want to continue to pay past age 18 or graduation without previous agreement to do so...get busy ahead of time. I've heard about people paying for months before it was cleared up too.


 

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