Legal Question in Family Law in California

Child support if children are over 18

After a child turns 18 and are supporting themselves, can Child Services still require you to pay Child Support? My husband's 2 sons are now 27 & 25 years of age. In 2003, he received a letter requesting status of child support. Since the son's were both over the age of 21, he did not respond. The mother on the other had responded, stating that my husband still owed her $5000. When he spoke with child services, explaining that the boys were over 21 and that the youngest had been living with us from the time he was 16 years old, a nd that nothing was owed to the mother. Child services told him there was nothing he could do about it and to pay up. At that time my husband was on state disability, which child services attached for 25% totalling around $2300. After the disability ran out, they then suspended his driver's license. We now live out of state, but he can't get a license until the suspension is cleared up. California has milked the balance of $2700 into over $50,000. Can they legally do this?


Asked on 6/27/07, 12:41 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Child support if children are over 18

Any payments made are applied first toward the interest and then toward principal. Interest is 10% per year. He should bring a motion for a credit for the period of time that a child was living with him. That will help, probably substantially. Retain a family law attorney in the county that is collecting the support. The case that allows the credit is Marriage of Trainotti, 212 Cal App 3rd 1072. Not all attorneys are familiar with the case and the procedure. Good Luck, Pat McCrary

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Answered on 6/27/07, 10:25 am


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