Fontana, CA asked in Family Law for California

Q: Child support takes my tax refund owed by husband . How to stop payment. He is disabled no income or govt. Assist.

How to request stop child support payment . They take my money. Husband is my dependent . I have 4 kids and 2 grand kids and mom that I support.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To stop child support payments in California, you'll need to file a request with the court to modify or terminate the child support order. Since your husband is disabled with no income or government assistance and is your dependent, you should gather all relevant financial documents to support your case. This includes proof of your husband’s disability and lack of income, as well as documentation of your financial responsibilities toward your children, grandchildren, and mother.

Next, fill out the necessary forms, such as the Request for Order (Form FL-300), which you can find on the California Courts website or at your local courthouse. You might also need to complete an Income and Expense Declaration (Form FL-150) to provide a clear picture of your financial situation. Submit these forms to the court clerk and ensure you serve the other party involved in the child support case, usually through a process server or the sheriff's department.

After filing, attend the scheduled court hearing where you can explain your circumstances to the judge. Be prepared to present your evidence and explain how the current child support arrangement is financially burdensome given your husband's situation and your extensive family responsibilities. The judge will consider all the information provided before making a decision to modify or terminate the support payments.

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