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Old February 5th 06, 08:15 PM posted to alt.child-support
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Default Confused About County DCSS Collection


"SMH" wrote in message ...
"Moon Shyne" said in alt.child-support:

"SMH" wrote in message
...

The child upon whom I pay support turns 18 in late June 2007, so I
asked the county DCSS in California when my last payment is supposed
to be, because I mail 12 post-dated checks from abroad each year,
which they cash each month.

Oddly enough, the county DCSS told me that they have orders not to
collect on my account beyond 1 Feb 2007, and that any money I send to
them comes back to me or goes to arrears (there are no arrears).

That is about 3-4 months before the child turns 18.

What is the deal with this?

I can hardly believe that my monthly support stops short of the
child's 18th birthday. Do I send the money instead directly to the
child's mother? Because that's what I am planning on doing.

The last thing I want is for the family law court judge to be
summoning me before his bench asking me why I stopped paying a few
months short of the time of the child reaching majority.

A child is a minor until the 18th b'day in California, right? And
the CA Family Code pretty much says I have to support the "minor"
child. Anyone want to be a lawyer here? Thanks.




First let me thank all who have provided helpful advice and questions.



Why not sent the appropriate number of checks to cover until the month
in which the child turns 18?



I will have to send the payments directly to the mother.


Bad idea. Send it to DCSS, so they have it in their records. Anything sent directly to the mother is not accounted
for, and can be considered a gift.



DCSS has said it will return any money to me beyond that. They are
apparently washing their hands of this case.


You should have a copy of the order for child suport that the county
has - what does it say?


Yes, I have entered the original order below. Clause 3 seems to be the
relevant clause. (By the way the support award listed there has been
increased SUBSTANTIALLY since the original order in modified orders, which
only changed the support amount.)

It says that I have to pay "until terminated by operation of law" or
further order of the Court.

Do I need a lawyer to interpret "operation of law"?


No. It means you need a court order, cancelling the order to pay child support. You can file the motion yourself, get
a court date, and represent yourself. You simply present to the judge, "Here's the court order, here's what it says,
I'm here to have it terminated."

Refer to the last paragraph. You have the right to have the order terminated. Avail yourself of that right.