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End or change an Income Withholding Order because support ended

Generally, the duty to pay child support ends when the child turns 18 and graduates from high school.

  • If support is paid directly by taking money from a parent's paycheck, it means there's an Income Withholding Order (a wage assignment or garnishment).
  • In that case, you'll need an updated Income Withholding Order so the employer no longer takes out support for that child.
  • This doesn't happen automatically.

⚠️ If you  have a new child support order, you should have gotten an updated Income Withholding Order when the judge signed order. If you did not, find out how to get one. Either parent can do this.

When the duty to pay support for a child ends

The duty to pay child support ends when a child turns 18 years old unless they’re still in high school

  • If they’re still in high school full-time and cannot support themselves, the duty ends when they graduate or turn 19, whichever happens first.
  • The duty also ends when a child gets married, joins the military, is emancipated, or dies.
  • The duty can continue after a child turns 18 (or 19) if the child is disabled and can’t support themselves or if the parents agree for support to continue.

If the duty to pay child support ends for all the children in the case 

  • If the parent doesn't owe any more support, the parent can have the Income Withholding Order ended (terminated).
  • This stops the employer from taking money from the parent's paycheck.

⚠️ You can't terminate an order if a parent owes back support (arrears).

If the duty to pay child support ends for at least one child

  • If the parent still owes support for other children, the parent can have the Income Withholding Order changed (amended)
  • The amended Income Withholding Order will show the new amount owed for the remaining children.

📌  If the Local Child Support Agency (LCSA) is part of your case, they will take care of getting a new Income Withholding Order for you. Contact the LCSA to let them know.

 

The LCSA will be part of your case if one of the parents

  • Is getting money from the government for your children, or
  • Asks for their help                                               

One way to tell if the LCSA is involved in your case is if the County is listed as one of the parties. For example, County of San Diego v. John Doe.

If you aren’t sure if the LCSA is involved, call the Child Support Customer Connect line to find out: 866-901-3212.

How to update an Income Withholding Order if the duty to pay ended

↗️ All links to court forms open in a new tab.

  • Fill out new order

    Fill out a new Income Withholding Order (form FL-195).

    • If support ended for all children, check the box "Termination of IWO."
    • If support ended for at least one, but not all the children, check the box "Amended IWO."
      • You will also need to calculate the new amount owed for the other children.

    How to calculate the new amount of support owed for the other children

    Subtract the amount of child support paid for the child whose support ended from the total support. If you are paying support for more than one child as part of the same court order, your order will list the breakdown of the amount of support for each child.

     

    For example, each month a parent pays $200 for John, $300 for Maria, and $400 for Tracy, totaling $900 per month.  John is 18 years old and graduated high school in May:

                Current child support          $  900

                Minus support for John      $  200

                New monthly total         =    $ 700

     

    The new Income Withholding Order (“Amended IWO”) must list this new amount. It must also include any other support due in the case, like spousal or medical support.

     

    💬 If you have questions about the forms or process, ask your court's family law facilitator or self-help center ↗️  for free help. You can also get more instructions on filling out the form in Form FL-196.

  • Fill out the application form

    Fill out an Ex Parte Application to Modify an Earnings Assignment Order (form FL-430). 

    • If support ended for all children, check the box to “terminate,” then fill out items 1 and 8. Print your name, sign, and date the form.
    • If support ended for at least one, but not all the children, check the box to “modify,” then fill out items 1, 6, and 7. Print your name, sign, and date at the bottom of page 3.

    Attach proof of why support ended to form FL-430. For example, a graduation announcement or diploma.

  • Turn in forms to clerk and pay a fee

    Make 2 sets of copies of both forms, FL-195 and FL-430. Turn the forms into the court clerk:

    • Give the originals and the 2 copies to the court clerk  
    • 💵 Pay a $60 fee (unless you’ve gotten a fee waiver ↗️) 

    The judge in your case must approve and sign the new FL-195.

    • Sometimes the judge signs it at a court hearing, or sometimes they sign it without a court hearing. The clerk can let you know the process.

    📌 Take a self-addressed and stamped envelope to the hearing so that if the judge signs it later, the court can mail the signed order back to you.

  • Have the signed Income Withholding Order sent to the employer

    • Once you get the FL-195 back from the court with the judge’s signature, it needs to be delivered (served) to the parent’s employer.
    • Ask someone 18 or older (not you) to mail the signed FL-195 to the employer for you.
    • The server must fill out and sign a Proof of Service by Mail (form FL-335).

  • Copy and file the Proof of Service

    • Make a copy of the Proof of Service.
    • File the original and copy with the court where you filed the papers.
    • The court will stamp and return the copy to you.
    • Keep the copy of the Proof of Service for your records.
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