Q: Child support keeps taking my money when case is closed my son is 18 and dad no longer lives with him? Reimbursed?
Long story that I’m tired of telling. I just DONT understand why I’m paying child support to the father when he’s 18 doesn’t live with him and fraud isn’t helping child support isn’t helping and I’m still having money taken out and father gets free money.
A:
I understand your frustration with this situation. Under California law, child support typically ends when the child turns 18, unless the child is still a full-time high school student and lives with a parent. In that case, child support continues until the child graduates or turns 19, whichever occurs first.
If your son is 18 and no longer living with his father, and the child support case is closed, the father should not be receiving child support payments. If payments are still being deducted from your income, you should take the following steps:
1. Contact the local child support agency (LCSA) handling your case to ensure they have updated information about your son's age and living situation.
2. Provide the LCSA with any necessary documentation proving your son's age and that he no longer lives with his father.
3. Request that the LCSA stop the automatic withholding of child support from your income.
4. If you believe you have overpaid child support, you can request a refund from the LCSA. However, the process can be complicated, and the decision to refund overpaid child support is at the discretion of the court.
If the LCSA is not responsive or you continue to face issues, consider seeking the assistance of a family law attorney who can help you navigate the process and protect your rights. In some cases, you may need to go back to court to resolve the matter.
Remember, it's essential to act promptly to avoid further overpayment and to gather all relevant documentation to support your claim.
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