QUESTION
Do I have to go to court to stop my child support payments?
Asked on Mar 08th, 2013 on Child Custody - Colorado
More details to this question:
My daughter will graduate from high school this July. Do I have to go to court to stop my child support payments?
11 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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No, but if your earnings at work are subject to a wage assignment (Income Withholding Order), you will probably need a court order to terminate it.
Answered on Mar 11th, 2013 at 3:35 PM
John Arthur Smitten
You should file a motion, don't count on the clerk stopping it.
Answered on Mar 11th, 2013 at 3:35 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Once your daughter attains the age of 18 years, your child support payments should cease automatically because you are not liable for them. If you are taken to Court for support after that, the court will not force you to pay further support for a child that is now an adult under the law.
Answered on Mar 11th, 2013 at 3:34 PM
If your daughter is the youngest child included in the child support order, then your obligation to pay current child support terminates when she is emancipated (age 18 or high school graduation, whichever comes later). If you have paid your child support obligation in full each month and therefore have no past due support owing to the other parent, you can file a request to ask the court to stop any automatic wage assignment (now called an Income Withholding Order) as of the date your daughter is emancipated. If you owe child support arrears, you may have to file a different kind of petition to ask the court to calculate the arrears and determine whether the monthly payment should be different from what you are currently paying. If you are sending your payments directly to the support payment clearinghouse (not garnishment) AND if your support obligation is paid in full, you can simply stop paying when your daughter is emancipated.
Answered on Mar 08th, 2013 at 8:05 PM
Child support in New York generally goes to 21 years old. If you can prove one of the following then maybe you can get court to end support.
Answered on Mar 08th, 2013 at 2:31 PM
Your child support payments should automatically stop. However, please take into consideration, if you are not paying directly, but it is coming out of your paycheck, then it probably took anywhere from 3-6 weeks before the payments were deducted from your check, therefore, it will continue for that same amount of time after graduation.
Answered on Mar 08th, 2013 at 2:30 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You must petition the court to have child support stopped. Do not just stop paying.
Answered on Mar 08th, 2013 at 2:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on what the order says. If it says they stop when she graduates or turns 18, then you should not have to do anything. If there are other children and there is no automatic reduction for her graduating, then you will have to go back to court.
Answered on Mar 08th, 2013 at 2:29 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you are paying by wage garnishment, go to court to stop the support. There are too many cases of people stuck paying for months or years afterwards because the employer would not stop the garnishment without a specific court order.
Answered on Mar 08th, 2013 at 2:29 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Probably - review the support order to see if it has a termination date in it. If not, you'll need to ask the court for an order halting the payments. I suggest you hire a lawyer.
Answered on Mar 08th, 2013 at 2:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado child support stops at 19 or graduation from high school, whichever is later. When she is 19 and graduated, you do not need to go to court to terminate child support if she is the only child you are paying support for. If there are other children, child support must be recalculated and a court order will be required.
Answered on Mar 08th, 2013 at 2:28 PM