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  1. #1
    Join Date
    Feb 2011
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    2

    Default Child is 18 and Graduates in June

    My question involves child support in the State of: CA
    My daughter is 18 and will graduate in Jun 2011. My child support is taken out of my check via wage assignment. The order states that support is to be paid until the child is 18 or graduated from high school. Will support be stopped automatically? Or, what kind of proof do I need and who do I show it to in order for the wage assignment to be cancelled?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Child is 18 and Graduates in June

    You need to modify the order through the court. Support is not stopped automatically.

    forms and info here
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Child is 18 and Graduates in June

    so it isn't true that if i have her birth cert. and a copy of her diploma and bring it to child support services (whom i assume is in charge of the wage assignment) that they can stop it without going back to court. I am afraid to go back to court because I've heard the court can order me to pay until she is through college.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    Default Re: Child is 18 and Graduates in June

    No, they cannot stop without a new court order.

    The court won't force you to pay for college unless the CP requests it, and even then it's not a guarantee.

    Modification is pretty simple - don't sweat it too much
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Nov 2010
    Posts
    91

    Default Re: Child is 18 and Graduates in June

    California emancipation law is until the child turns 18 and graduates from high school. If the child is 18 and still in high school then its 19. If the local child support agency is enforcing the case you should contact them at 866-901-3212 and determine if they've determined that the child will actually graduate in June. If they have they will terminate the wage garnishment for current child support once June's obligation is paid. If you still owe arrears at that time then they will amend the wage garnishment in July to collect on arrears only.

  6. #6
    Join Date
    Nov 2009
    Posts
    256

    Default Re: Child is 18 and Graduates in June

    Quote Quoting ph_dudley
    View Post
    California emancipation law is until the child turns 18 and graduates from high school. If the child is 18 and still in high school then its 19. If the local child support agency is enforcing the case you should contact them at 866-901-3212 and determine if they've determined that the child will actually graduate in June. If they have they will terminate the wage garnishment for current child support once June's obligation is paid. If you still owe arrears at that time then they will amend the wage garnishment in July to collect on arrears only.
    This is correct. For the original poster - contact your child's high school and request that they send you a letter verifying graduation. Take that (make a copy for yourself) to DCSS and they will terminate the withholding.

    Child support terminates by operation of law once the terminating conditions have been met. You don't need to go back to court to modify it.

    OH and in California you don't pay for college unless it was in your initial divorce decree.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child is 18 and Graduates in June

    If I was incorrect, I apologize.

    I'm merely going by personal experience with family members. In California. Who had a pretty much identical situation.

    Then again, it is California...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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