QUESTION
How can I stop the child support and alimony if my children has reached 18 and my ex is getting married?
Asked on Feb 21st, 2013 on Divorce - Arizona
More details to this question:
I pay child support and alimony directly to my ex-wife as agreed in the divorce, not through child support services. Now, my last child is turning 18 and has graduated high school and my ex is getting married. How do I stop the child support and the alimony? Is there papers that have to be filed or should I just stop sending her the money?
9 ANSWERS
The child support paperwork would cover terminating support after age 18 but you will need to prove the remarriage so it would be easiest if you filed a motion to terminate all support.
Answered on Feb 25th, 2013 at 2:38 PM
John Arthur Smitten
File a motion with the court.
Answered on Feb 25th, 2013 at 4:38 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Read your order. It should state specifically the terms for which both will terminate by operation of law. Child support generally end when a child turns 18 and has graduated. If this applies and you did not agree to continue support longer, then you may stop child support. If you spousal support order states it terminates upon remarriage then the day your ex-wife marries your order to pay spousal support ceases. No other action is required.
Answered on Feb 25th, 2013 at 4:38 AM
It stops automatically when the kids turn 18 if they are no longer in high school. It stops when your wife remarries.
Answered on Feb 25th, 2013 at 2:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Check your judgment, but the answer is very probably yes on the child support and after her marriage as to the alimony.
Answered on Feb 25th, 2013 at 1:23 AM
Carolyn Roschelle Jones
You can file a Supplemental Petition for Modification.
Answered on Feb 25th, 2013 at 12:18 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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In CA, file a motion to stop child support now (particularly if you are paying by wage assignment) and to stop alimony after she gets married - unless there's a clause in your judgment that says you still have to pay alimony after she marries (rare but it happens).
Answered on Feb 24th, 2013 at 11:47 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Ideally, you should obtain a court order declaring that you no longer have any child or spousal support obligations but I would stop paying in the interim because, if you don't, it's unlikely that you will ever be able to get that money back.
Answered on Feb 24th, 2013 at 11:45 PM
So long as you are completely current with both obligations, it may be possible to simply "stop paying" if you are not having your wages garnished for these payments. You may want to consider a notice to let the court (and your ex) know that you are terminating the spousal maintenance once she has remarried.
Answered on Feb 24th, 2013 at 11:35 PM