How can I get my child support lowered now that my oldest child has turned 21?

UPDATED: Sep 2, 2012

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How can I get my child support lowered now that my oldest child has turned 21?

I’m obligated to pay child support for my 3 kids. However, my oldest just turned 21 about 2 months ago. Under state child support law, I’m to pay for him until he turns 21. My garnishment still hasn’t been lowered. What can I do about it?

Asked on September 2, 2012 under Family Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since the child support obligation has ended with respect to at least one child of yours but you are still having a wage garnishment for all children rather than two, your legal options are as follows:

a. have your "ex" sign a stipulation referencing that child support is now two children with the proper amount for the two and have such filed with the court with an order for filing. When you get the new order for the reduced child support, have it served on your employer which will reduce the garnishment. Make sure that the order gives you credit for any overpayment and how you get such credit implemented.

b. if the above does not work, you will need to file a motion with the court (preferably through a family law attorney) seeking a reduction of the wage garnishment and appropriate credits for any and all overpayments.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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