In State of CA, when child turns 18 does child support payment auto stop or does payor have to file motion?

Question

Child support is for 3 children. oldest just turned 18 and graduated. Does the child support payor have to file a motion to modify child support or does he just stop paying for the one that turned 18?

Answer 1

In the state of California, once the child emancipates (turns 18), all CURRENT child support payments will automatically stop. You do not need to go to court for this. They will however, continue to garnish your wages and sieze your tax returns for any amount of child support that you are behind on (arrears) or any that is owed to the county to pay back any assistance received during the first eighteen years of the child's life (welfare, Medi-Cal, food stamps). The current rate of interest for payments in arrears and those owed to the county is 10% annually.

So, unless the parent who is paying child support i behind on the payments, they will automatically stop. If they are in serious arrears (over $10,000 or more), they will probably be paying for a long time. My son is 28 and still receiving child support payments because his father was over $217,000 in arrears. My guess is that with the 10% interest added, his father will be still be paying him up until the day he dies. And yes, he and my son do live in Southern California.

Answer 2

it all depends on what is stated in your divorce decree and your child support agreements. Child support in some cases, can be paid up until a child is the age 23 (which is usually by the time a child has gone through 4 years of college)

Answer 3

There could be a determining time decrease in the divorce contract or baby help papers. it may be written some diverse strategies so which you may could seek for suggestion out of your lawyer in this one - while he reaches 18, while he graduates extreme college or while he has graduated college. How nicely your son is roofed in this regards relatively relies upon on how lots attempt grew to become into placed into the small print of your divorce and how nicely your arranged for his destiny. what's favourite won't be what grew to become into desperate on your decree. in many cases the favourite is the bare minimum and maximum human beings might prefer to coach for help via college.