Woodland, CA asked in Child Custody, Child Support and Family Law for California

Q: I pay child support to my ex for our daughter, she has sole physical and legal custody of her. Today the judge approved

for me to have temporary custody of my daughter, pending our custody court date. My question is, do I call child support and ask them to stop payments to my ex, since my daughter is in my custody for 2 months? Our custody court date is set for August 3rd. Or do I have to allow them to keep garnishing my wages & sending my ex payment even though our daughter is no longer in her custody right now?

1 Lawyer Answer

A: In order to stop the child support garnishment you need to file for modification of child support and it will only be modified after a court order. Any modification entered after the filing of the request for modification will be retroactive to the date of filing and you will be entitled to a credit and/or reimbursement for over-payment.

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