Legal Question in Family Law in California
when does child support end?
My daughter will turn 18 in January, 2004. She does not attend high school. She may start going to an adult night school to earn her GED. Would I have to continue paying child support if she were to go to this night school?
4 Answers from Attorneys
Re: when does child support end?
Not if she is over 18. Even if she is under, unless you are divorced/separated with some obligation to pay for pre-18 college, this is a matter of parental discretion.
Re: when does child support end?
Generally, the Marital Settlement Agreement or court order states whether or not you have to continue to pay child support beyond the child's 18th birthday if he/she continues to attend school. Check that out first. If it is not stated in the MSA or order, the answer is no.
Re: when does child support end?
The family code section states that child support must be paid until the child reaches age 18 or if a full time student until the child is 19 years of age. The question which I cannot answer without researching it is 'does adult education' qualify for being a full time student in high school.
There are some statutory conditions that result in child support terminating before the child reaches age 18, child marries, or is emancipated, are two that I recall.
You should consider the cost of going to court to get an order terminating child support when she turns 18 as opposed ot the amount that would be paid for child support.
Re: when does child support end?
If your daughter is not a full time high school student residing with a parent, child support terminates on her 18th birthday, absent something contrary in your underlying child support orders. You may need to have a modified Order Assigning Wages issued. You should also have your underlying Judgment reviewed.
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 family law issues including child support at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com