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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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