QUESTION:
Hi there, Eric.
I am current on my child support and will continue to be current on what I own until my children are 18. At that time, will my payments automatically stop or will I have to go through a legal process to stop the payments?
ANSWER:
Hi,
Is ORS (Office of Recovery Services) collecting child support from you? Or are you paying directly to your ex?
QUESTION:
ORS is withholding from my paycheck.
ANSWER:
Then it should terminate automatically.[1]
But to be safe, it would not hurt for you to:
– send your ex an e-mail, with a read receipt requested, notifying/reminding her that when your last child turns 18/graduates from high school/emancipates your child support obligation will terminate; and
– send an e-mail, with a read receipt requested, notifying ORS when your last child turns 18/graduates from high school/emancipates and to request that ORS income withholdings cease at that point. You want a record of you having provided the notice and having made the request, just in case ORS doesn’t stop withholding when it should. By sending the email notice and request, that should help ensure ORS stops withholding when it should.
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Utah Family Law, LC | divorceutah.com | 801-466-9277
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[1] See Utah Code § 78B-12-219. Adjustment when child becomes emancipated:
(1) When a child becomes 18 years of age or graduates from high school during the child’s normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 78A, Chapter 6, Part 8, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order.