Will the child support I pay stop automatically once my son turns 18?

Asked over 5 years ago - San Diego, CA

My son will soon be 18 and I wanna know how to stop the garnishment of my check for support.

Attorney answers (3)

  1. Dianna Gould-Saltman

    Contributor Level 14

    Answered . What you have in place is most likely an "earnings withholding order," not a garnishment, although they probably feel like the same thing to you. If your son has graduated from high school by the time he turns 18 your child support obligation is over. If he has not graduated from high school you still owe child support until he either graduates from high school or turns 19, whichever occurs first.

    Your employer wouldn't necessarily know whether your child has graduated from high school so you will probably have to provide that information to the employer when that happens. If your son is graduating in June, you should find out now from your employer what documentation the employer needs to stop the withholding from your pay so that you'll have everything in place when the time comes.

  2. Margery Ellen Golant

    Pro

    Contributor Level 20

    Answered . In most states, it is necessary for the payor to come forward and file something to stop the order and the wage attachment. The exact details vary by state. However, it is also true that in many states the duty of support can extend beyond the 18th birthday of the child.

    Please note that I do not practice in your state and that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

  3. Margery Ellen Golant

    Pro

    Contributor Level 20

    Answered . In most states, it is necessary for the payor to come forward and file something to stop the order and the wage attachment. The exact details vary by state. However, it is also true that in many states the duty of support can extend beyond the 18th birthday of the child.

    Please note that I do not practice in your state and that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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