Generally, the duty to pay child support ends (terminates) when the child turns 18 and graduates from high school. If support is paid directly by taking money from a parent's paycheck (there's an Income Withholding Order also called a wage assignment), you'll need an updated Income Withholding Order (IWO) so the employer no longer takes out support for that child. This doesn't happen automatically.
Have a new child support order?
You should have gotten an updated Income Withholding Order when the judge signed the new child support order. If you did not, find out how to get one. Either parent can do this.
PRINT EMAILIf they’re still in high school full-time and cannot support themselves, the duty ends when they graduate or turn 19, whichever happens first.
The duty also ends when a child gets married, joins the military, is emancipated, or dies.
The duty can continue after a child turns 18 (or 19) if the child is disabled and can’t support themselves or if the parents agree for support to continue.
If the duty to pay child support ends for all the children in the case and the parent doesn't owe any more support, the parent can have the Income Withholding Order terminated. This stops the employer from taking money from the parent's paycheck. You can't terminate an order if a parent owes back support (arrears).
If the duty to pay child support ends for at least one child, but the parent still owes support for other children, the parent can have the Income Withholding Order amended with the new amount owed for the remaining children.
If the Local Child Support Agency (LCSA) is part of your case, they will take care of getting a new IWO for you. Contact the LCSA to let them know.
How do I know if the LCSA is part of my case?The LCSA will be part of your case if one of the parents
One way to tell if the LCSA is involved in your case is if the County is listed as one of the parties. For example, County of San Diego v. John Doe.
If you aren’t sure if the LCSA is involved, call the Child Support Customer Connect line to find out: 866-901-3212.
Fill out a new Income Withholding Order ( form FL-195 ). If support ended for all children, check the box "terminate". If support ended for at least one, but not all the children, check the box "amended IWO".
You also need to calculate the new amount of support owed for the other children. Learn moreHow to calculate the new amount of support Subtract the amount of child support paid for the child whose support terminated from the total support. If you are paying support for more than one child as part of the same court order, your order will list the breakdown of the amount of support for each child. For example, each month a parent pays $200 for John, $300 for Maria, and $400 for Tracy, totaling $900 per month. John is 18 years old and graduated high school in May: Current child support $ 900 Minus support for John $ 200 New monthly total = $ 700 The new Income Withholding Order (“Amended IWO”) must list this new amount. It must also include any other support due in the case, like spousal or medical support.
If you have questions about the forms or process, you can ask your court's Family Law Facilitator or Self-Help Center for free help. You can also get more instructions on filling out the form in Form FL-196 .
Fill out an Ex Parte Application to Modify an Earnings Assignment Order ( form FL-430 ). "Ex parte" means you are asking the judge to make a decision based on what you file without the other parent being there. If support ended for all children, check the box to “terminate,” then fill out items 1 and 8. Print your name, sign, and date the form. If support ended for at least one, but not all the children, c heck the box to “modify,” then fill out items 1, 6, and 7. Print your name, sign, and date at the bottom of page 3. You can attach proof of why support ended to the FL-430. For example, a graduation announcement or diploma.
The judge in your case must approve and sign the new FL-195. Sometimes the judge signs it at a court hearing, or sometimes they sign it without a court hearing. The clerk can let you know the process. Bring a self-addressed and stamped envelope so that if the judge signs it later, the court can mail the signed order back to you.
Once you get the FL-195 back from the court with the judge’s signature, it needs to be delivered (served) to the parent’s employer. You can't serve the form yourself. Ask another adult – a server – to mail the signed FL-195 to the employer for you. Your server must be 18 or over, and not part of your case. The server must fill out and sign a Proof of Service by Mail (form FL-335).
Make a copy of the Proof of Service form. File the original and copy with the court where you filed the papers. The court will stamp and return the copy. Keep the copy of the Proof of Service form for your records.