Many potential clients contact me years after their divorce or paternity case in which they were ordered to pay or receive child support. They may or may not have modified the original child support over the years. However, they have now reached the stage in life where all of the children are over 18 and out of high school. For parents in such a situation, there remains a few questions to ask.
If you are the parent that has been ordered to pay child support, you may still need to go into court to have the Order of Assignment (garnishment of your wages) quashed (eliminated). While technically your ongoing child support obligation ends with the emancipation of your youngest child, your employer may not halt the ongoing garnishment without a court order. Additionally, in many cases there may be a dispute over the specific ending date of your child support obligation. It is often safer to get a court order specifying the termination of your current obligation and ordering the garnishment be halted.
If you are the parent that has been receiving child support, you may still need to act quickly if you are still owed a balance or a child support arrearage. Unpaid child support cannot be collected unless court papers are filed within three years after your youngest child’s 18th birthday. However, failure to obtain a judgment for unpaid child support within three years will result in forfeiture of your claims for unpaid child support.
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