Legal Question in Family Law in California
Child Support
My step-daughter turned 18 in 06. She
is going to be a Sr. this year. Two yrs.
ago, her mom moved 80 miles away
without informing us until after the
move and got a CS increase since the
percentage of visitation on our side
decreased (due to the distance). We
tried to get her to move in with us
instead of moving, bur her mom said
no. Now my Step-daughter wants to
return to her original H.S. (near us) and
has moved out from mom's house. She
has moved into a room of a friend's
home because her mom's forbids her to
be with us for fear of losing support.
The divorce decree states ''19 or
graduated'' to pay support. Since she is
not in her mom's home and is over 18,
do we have any rights to end support or
even direct it to her?
5 Answers from Attorneys
Re: Child Support
There are many reasons to modify support. You should contact an attorney to give you good advice as to strategy. This is not a real easy case since the daughter is 18 and can live wherever she wants. Good Luck, Pat McCrary
Re: Child Support
You are obligated to pay support unless and until the current support order is modified or expires (18 years or 19 and still a high school student). This may well constitute changed circumstances sufficient to modify support. Moreover, the older a child is, the more say that child has with regard to which parent has custody.
Re: Child Support
If the child support amount is signficant, or if you just do not want the mother to receive the money any longer, it would be a good idead to consult an attorney to see if the order can be modified. Feel free to contact my office if you would like to discuss this question in more detail.
Re: Child Support
Based on what you have written, there may be a basis to modify your custody and support orders for your step daughter's last year of high school. Feel free to contact my office for a consultation.
Re: Child Support
You must go to court on an osc to modify support otherwise you still have to pay bottom line. However, there is one thing that the others did not mention. Your daughter is 18 now. She is an adult and she no longer lives with the mother. Although the law allows a support order until a minor reaches 18 or until 19 if they are still in High School when they turn 18, if the child no longer lives with the mom, I see no reason why a Court would continue to order you to make child support payments. Furthermore, since the child is now an adult I see no legal basis for the Court to continue to order custody to be with the mother. She is an adult!! The law deals with child support until 19!
If you are in SoCal or Central Cal up to Bakersfield, Santa Barbara, etc. You may call me for a free consultation to discuss the situation. My website is www.divorce-legal.net and my phone is 818.739.4544 ext15
Norm
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