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  1. #1
    Join Date
    Aug 2012
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    7

    Question How to End Child Support After Consenting to Adoption

    My question involves child support in the State of: California

    My Husband has agreed to let his Son's Step-Father adopt him. The Mother has agreed to terminate Child Support.

    We have heard the adoption process can take a while. What can both parties do to end the Child Support garnishment as soon as possible?

    My Husband and the Mother have agreed to modify the Court Order and stipulate to end Child Support due to the adoption.

    Can the Mother contact DCSS and let them know about the adoption, and authorize ending the support order?

    Any other steps that should be taken?

    Thank you for your help.

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

    Default Re: Quickest Way to End Support Order

    Mom can close the case herself.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Quickest Way to End Support Order

    As far as I know DCSS has nothing to do with ending the CS, it's the court that does it.

    CS will be able to end on the effective date of the adoption.

    All I can suggest is that your husband do some advance planning by petitioning the court to cancel the CS on the effective date of the adoption. If the effective date will not be known for a while, filing the petition with a "to be determined" date might be a good idea.

    If the money is automatically coming out of his pay and going through the state there is going to be a possibility that payments will continue to come out after the adoption is effective so he would be wise to have some sort of written agreement with his ex that she will refund the money if it happens.

    Frankly, I don't know how any of this will work but I don't think the CS will stop at least until the adoption is effective.

    If your husband wants some sort of a guarantee he'd best consult an attorney who knows how all this works. Otherwise he can count on losing some money on extra payments if he doesn't do some advanced planning.

    Quote Quoting Dogmatique
    View Post
    Mom can close the case herself.
    How?

  4. #4
    Join Date
    Aug 2012
    Posts
    7

    Default Re: Quickest Way to End Support Order

    Quote Quoting adjusterjack
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    CS will be able to end on the effective date of the adoption.
    Can't they file a modification to the existing Court Order and stipulate CS = $0?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Quickest Way to End Support Order

    Quote Quoting BugOut
    View Post
    Can't they file a modification to the existing Court Order and stipulate CS = $0?
    They CAN.

    But whether the court will go along with it is impossible to predict.

    I suppose it's worth a try if they can figure out how to do it without hiring a lawyer.

    The CA court website has self help information on child support but I don't see anything that specifically addresses ending child support coinciding with a stepparent adoption.

    http://www.courts.ca.gov/selfhelp-support.htm

    I suggest calling the DCSS or local LCSA and ask the question.

    The court also has family law facilitators in your county that might give you some guidance:

    http://www.courts.ca.gov/selfhelp-facilitators.htm

    Click on your county name.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Quickest Way to End Support Order

    Quote Quoting adjusterjack
    View Post
    As far as I know DCSS has nothing to do with ending the CS, it's the court that does it.

    CS will be able to end on the effective date of the adoption.

    All I can suggest is that your husband do some advance planning by petitioning the court to cancel the CS on the effective date of the adoption. If the effective date will not be known for a while, filing the petition with a "to be determined" date might be a good idea.

    If the money is automatically coming out of his pay and going through the state there is going to be a possibility that payments will continue to come out after the adoption is effective so he would be wise to have some sort of written agreement with his ex that she will refund the money if it happens.

    Frankly, I don't know how any of this will work but I don't think the CS will stop at least until the adoption is effective.

    If your husband wants some sort of a guarantee he'd best consult an attorney who knows how all this works. Otherwise he can count on losing some money on extra payments if he doesn't do some advanced planning.



    How?
    Because outside of monies owed to the state, the CP can close out his/her case if s/he wishes to do so.

    as explained here

  7. #7
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Quickest Way to End Support Order

    However, even if mom closes out the collection case dad could still find himself on the hook for support until the adoption is finalized.

    Dad needs to do this through an attorney to CHA.

    And what happens if mom doesn't return the monies per the agreement? Dad gets to sue mom and then, if he gets a judgment, try to collect.

    He needs to retain counsel.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to End Child Support After Consenting to Adoption

    Quote Quoting BugOut
    View Post
    My question involves child support in the State of: California

    My Husband has agreed to let his Son's Step-Father adopt him. The Mother has agreed to terminate Child Support.

    We have heard the adoption process can take a while. What can both parties do to end the Child Support garnishment as soon as possible?

    My Husband and the Mother have agreed to modify the Court Order and stipulate to end Child Support due to the adoption.

    Can the Mother contact DCSS and let them know about the adoption, and authorize ending the support order?

    Any other steps that should be taken?

    Thank you for your help.
    does the payor owe any arrears to the mother?


    Does the payor owe any arrears to the state (such as if the mother was on any sort of state aid where the state took the child support payment rather than it going to the mother)?

  9. #9
    Join Date
    Aug 2012
    Posts
    7

    Default Re: How to End Child Support After Consenting to Adoption

    Quote Quoting jk
    View Post
    does the payor owe any arrears to the mother?
    Does the payor owe any arrears to the state (such as if the mother was on any sort of state aid where the state took the child support payment rather than it going to the mother)?
    No, his payments are up to date. Does that make a difference?

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to End Child Support After Consenting to Adoption

    Quote Quoting BugOut
    View Post
    No, his payments are up to date. Does that make a difference?
    it could have. While a receiving parent can often forgive arrears they generally are not required to

    then, if there was anything owed to the state it is up to the state to forgive the arrears and they often tend not to


    so, if there were arrears owed to the custodial parent then he may or may not have had to continue to pay

    if the arrears were owed to the state he quite likely would be required to continue to pay until that debt was fulfilled.

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