Legal Question in Family Law in California

I have been paying my x wife a court ordered monthly sum for 10 years, I would like to pay off the lasty year in full. Who do I talk to about this and stop the monthly deduction from my payroll check? Casey***


Asked on 10/12/10, 11:13 am

2 Answers from Attorneys

Steven Hertz Hertz Steven H.

You can only get rid of the wage assignment if all the parties agree to withdraw it, or if you have paid up all your arrears support, and you have no more current support or future support to pay. If you are paid up and have no more current or future support you may want to go to court and get a court order terminating your obligation. Most Support Orders contain a clause that says the order terminates when the minor children reach age 18 and no longer attend high school full time, or age nineteen. If yours contains this clause, then the obligation terminates automatically. Whenever a wage assignment is used, a copy goes to the employer, showing how much and when to pay. If you are paid up and can prove it, your employer might be willing to stop paying from your paycheck deduction if you can show them you have paid in full. If the DCSS is involved then you will have to get a receipt for your payment for the last year and a release from the wage assignment. Then you can show this to your employer or ask DCSS to send the release from the wage assignment to your employer. If none of this works then you can go to court and ask the court to cancel the wage assignment. Don't delay with this because if excess payments are made, it's not that easy to get your money back.

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Answered on 10/17/10, 12:09 pm

Mr. Hertz assumes you are talking about child support. I don't get that from your question. I can't tell from your question what the basis is for the payments and what you mean about paying off the "last year." Child support payments would not have a clearly established "last year," because they can terminate on the occurance of several events. So if you'd like to clarify your question, and provide the relevant details, maybe we could help you.

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Answered on 10/17/10, 1:36 pm


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