Legal Question in Family Law in California
Child turned 18 - stop paying child support
My agreement states that I am to
pay child support until my minor son
turns 18 and graduates from high
school. He is now 18 and just
graduated. Do I have the legal right
to automatically stop paying this
amount, or do I still need a lawyer to
have this modified by the court in
order to stop paying this portion of
my monthly payment (I have
another minor child and pay spousal
support as well)
2 Answers from Attorneys
Re: Child turned 18 - stop paying child support
You do not need another order for child support. If your son is 18 and no longer a full time high school student, support has terminated. Based upon what you have stated you may stop making the payments. If you are still unsure you may wish to have a brief consultation with an attorney. It will take only minutes. Good Luck, Pat McCrary
Re: Child turned 18 - stop paying child support
It is always best to consult with an attorney in your county so that if you have to go to court, you do not waste time starting over.
It sounds like you have a standard support order, and as such support for your older child should terminate automatically, or by operation of law. I feel it is always best to respect the other person and tell them that the change is happening so no one is surprised with the July payment. You can only do that if the support amount for each person, (spouse and both children) are specifically set out. If you have a single child support number without a clear stated amount per each child, then you will either need to reach an agreement or go to court. If you have a wage assignment or the DCSS collecting support, you will need to go to court to change all support amounts.