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zxxjoeyxxz · Feb 7, 2009, 11:18 AM

I am a father in California currently paying child support. My son was incarcerated at the age of 15 for a year. I paid child support through that time and also have to pay for him being in jail. He is now about to turn 18 and has dropped out of school and got a job about a year ago. How long must I pay child support? When and how do I request them to stop the child support?

JudyKayTee · Feb 7, 2009, 11:59 AM

Originally Posted by zxxjoeyxxz

I am a father in California currently paying child support. My son was incarcerated at the age of 15 for a year. I paid child support through that time and also have to pay for him being in jail. He is now about to turn 18 and has dropped out of school and got a job about a year ago. How long must I pay child support? When and how do I request them to stop the child support?

What does your Court Order say about support? How long are you ordered to pay?

Fr_Chuck · Feb 7, 2009, 12:35 PM

In general while in jail, you may have went back to court and asked for a modification since you will be liable to the jail for costs.

Normally at 18 it should stop but it will all depend what the court order says.

cdad · Feb 7, 2009, 03:53 PM

You need to let the child support people know right away that he is turning 18. Unless there is other stipulations in the decision then it stops at 18 and finished with high school or maximum of 19 years of age. ( that's for California )

cadillac59 · Feb 7, 2009, 04:44 PM

Califdad3 is right about support terminating. It happens as a matter of law (that is you don't need to ask that support terminate) but keep in mind that wage assignments do NOT terminate automatically (people make this mistake all the time and come in crying about the employer still taking out for the support even though the kid is 18 and out of high school---I always say, "How in the heck is your employer suppose to know when your kid graduated from high school, how old he is, and all that jazz? Come on, use your head! You have to ask the court to terminate the wage assignment and serve the new order on the employer saying support is zero or else the meter keeps running like on a taxi.")

There's a easy and fast way to get an ex parte termination of a wage assignment once support ends. I've done many of these for people. But be sure it's done otherwise the wage deduction is going to continue (of course the mom is going to have to pay back any overpayment but good luck getting it back).