Hi, Im a father of 3 and I live apart from my children. I have been paying court ordered child support since the divorce first started except for a period of unemployment. One of my children recently turned 18. Already graduated high school and is trying his hand at collage ( yes Im very proud of him ). The DCS ( department of child support ) contacted my employer with a notice to withhold monies from my paycheck. After my child turned 18 they increased it. They say they can over ride what a judge orders and that there is a California Law that makes a continuation of child support possible plus 25 %. They told me its an emancipation claus that's automatic and mandated by state law. I called Family law facilitators office and was told it had to have been agreed upon.
Is it true that it's a law if you owe arears that even if a judge says you are to pay " this " amount they can over ride it and force you to continue to pay child support for a child over 18 without extraordinary needs ( like medical disability etc. ) The case is out of California.
2) Can the DCS override what a judge mandates in a support order ?
Thanks.
Its joint custody 80/20 and 50/50 legal ( Im the NCP )

Ask DCS to cite the specific statutes or administrative rules so you can look them up. But it sounds like that may be the case. I would not be surprised if they can increase support deductions to recoup arrears. Nor would I be surprised if the lawallowed for support to continue while the cvhild was in college, even if the decree specified it ended at 18.

I'm not sure if I understand your question correctly. If there are arears, that amount can still be required despite the child's age. I also believe that child support payments can be increased above a judges original order in order to force a more rapid catch up on the deficit account.

I'm not sure if you are paying new child support, or only catching up the amount that is in arears.

I know you are not in Canada, but I know someone from there who must pay as long as children are in college even after the age of 21!

Hope this helps a little bit.

The child support isn't new. I did have it modified 3 years ago but that required going to court and being in front of a judge. This is from a agency of the California State Government. In California a child is emancipated at age 18. The agency had told me my EX requested that child support continue because of arrears and its really killing me. I did ask about the law for California and can't find it anywhere nor would they quote it to me.
If I don't get resolve Im going to end up back in court and see if a judge can order a proper amount or go live in a cardboard box ( j/k ).

Thanks for your answers

I can relate... I'd be happy to live in a little shed... but can't seem to save 2 dimes to put toward it... It strikes me as a bit amusing that there are zoning laws to keep a person from living in a shak, but none preventing card board box homes... I

Wonder what would happen if I made that water-proof cardboard??

I might just have to try it and see what happens as a way to make a point.

In the meanwhile, my landlord gets his share.