Legal Question in Family Law in California
Changing the Ending Age of Child Support
My child support was set in 1994 stating I must pay child support ''until further order of the court subsequent, or until the child marries, dies, is emancipated, reaches age 23, or reaches 18 and is not a full-time student.'' I did not have an attorney and lived out of town when the papers were sent to me. The papers were mailed to me and I signed them, mailed them back and did not realize child support ends at age 18 under normal circumstances. The mother makes $80,000 per year, I make $40,000 and support my new wife and her two children. Are there court cases that will support my effort to have the court change the age on the existing agreement to have the support end at age 18 or upon graduation of high school as that is the normal order. I have just been taken to court to increase the child support I pay to more than double as before due to the fact that I have no contact with the child, although that is due to her mother's jealousy of my new happiness. I do not feel that I should continue paying adult support until the age of 23. What can I do?
3 Answers from Attorneys
Re: Changing the Ending Age of Child Support
You have an interesting legal question. I'm sure that doesn't comfort you. Your obligation to pay support will continue until the child is age 23. However, that does not mean that you will have to pay guideline support. I had a similar issue and the judge, who I greatly respect, ruled that the support obligation continued but that he did not have to order quideline support. Also, the priciples of guideline support (Family Code Section 4053a state that the first obligation is to minor children, which the older child is no longer a minor. I suggest that you get an attorney on this. Good Luck, Pat McCrary
Reply: Changing the Ending Age of Child Support
In a general sense, Family Code Section 3587 is the authority for the court to approve a stipulated agreement to pay child support for an adult child. At the new hearing you can request the court to implement guideline child support payable until the child turns 18, etc. You will have to explain to the court why you agreed to the original order in the first place and why you want the court to make a different order.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Changing the Ending Age of Child Support
Until you retain counsel and/or respond and fight these things, you will continue to be on the losing end. Call to discuss if you would like.
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