My son is 20 years old and has not lived with his father (custodial parent_ for several months. He legally changed his address on his license since he moved in with me My wages are still being garnished and I received a notice stating that I am in arrears for $ii4.00. What should I do?
A) If your son is 20 years old and has not lived with his father (custodial parent) for several months, and your wages are still being garnished for child support, you should take the following steps:
- File a motion to modify child support. This can be done through the court that issued the original child support order. In your motion, you will need to explain that your son no longer lives with his father and that you are therefore no longer responsible for paying child support for him. You will also need to provide documentation to support your claims, such as a copy of your son’s new driver’s license with your address listed as his residence.
- Serve your motion on your son’s father. This can be done through personal service, certified mail, or publication in a newspaper.
- Attend a hearing on your motion. At the hearing, you will have the opportunity to present your case to the judge. The judge will then decide whether or not to modify the child support order.
If the judge grants your motion, your child support payments will be terminated or reduced. However, if the judge denies your motion, you will continue to be responsible for paying child support until your son turns 18 or graduates from high school, whichever comes first.
It is important to note that you may still be responsible for paying arrears for child support, even if your child no longer lives with his father. However, you may be able to negotiate a payment plan with the court.
If you have any questions or concerns, you should consult with an attorney.
Here are some additional tips for modifying a child support order:
- Be prepared to provide documentation to support your claims.
- Be honest and upfront with the judge about your financial situation.
- Be willing to negotiate with your son’s father.
- Be patient. The process of modifying a child support order can take several months.
I hope this information is helpful.