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DID YOU KNOW BY ATTORNEY F.M. ZAVALA

TERMINATING CHILD SUPPORT GARNISHMENT ORDERS WHEN CHILD TURNS 18


Family Code section 3901.1 Section 3901, subdivision (a)(1),

provides that child support continues for an unmarried child who has turned 8 years old, is a full-time high school student, and is not self-supporting, until he or she finishes 12th grade or turns 19 years old, whichever happens first.


In order to end child support wage garnishment orders, you must file a request for orders (RFO) seeking (1) a judicial determination that child support obligation had terminated and (2) a

refund of overpaid support—both on the basis that child had turned 18 and was no longer enrolled as a full-time high school student.


"Full-Time” in Family Code section 3901 has the same meaning as set forth in Education Code section 48200 regarding compulsory education for minor children: “the length of the school day

[designated] by the governing board of the school district in which the residency of either the parent or legal guardian is located.”

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