Legal Question in Family Law in California

Child is 18, out of high school, living on her own, mother is still taking money

What form do I need to file to stop them taking c/s out of my paycheck? Child is 18 out of high school and living on her own, her mother is stil taken money out of my paycheck, and child turnd 18 in Aug of 2004. How do I stop this? there is no stop date on the court papers, what is the name of the form I need and what is the procedures to do it. Please help and should I request that the monies that went to her after child turned 18 be repayed to me? How would I do that? thank you so much for takin the time out for me, I am very greatful for your advice.


Asked on 1/29/05, 10:50 pm

2 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: Child is 18, out of high school, living on her own, mother is still taking m

You have to fill out these forms, serve them on your former spouse, and show up in court with proof of service that you have served her and proof to support your statement that the child is 18. http://www.courtinfo.ca.gov/forms/documents/fl390.pdf

http://www.courtinfo.ca.gov/forms/documents/fl391.pdf

You must send her a copy of these two forms, http://www.courtinfo.ca.gov/forms/documents/fl392.pdf AND http://www.courtinfo.ca.gov/forms/documents/fl393.pdf blank, so that she can file the form out and file it with the court to explain her position. (You hope she does because this will prove you served her even better than your proof of service.)

Take the original to the courthouse and get a date for the hearing. Put the date, time and location of the hearing on your former spouse's copies and have someone besides yourself mail them to her and then file the proof of service with the court.

As for getting past money back, I will let you deal with that after you get the main leak stemmed.

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Answered on 1/31/05, 9:19 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Child is 18, out of high school, living on her own, mother is still taking m

You will need to get an order from the court terminating the child support order. You may be able to get an order that mother repays you the overpayment of support at the same time. If your court has a facilitators office they can assist you with the paperwork. Good Luck, Pat McCrary

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Answered on 1/31/05, 10:45 am


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