Legal Question in Family Law in California
court ordered child support amount for child who has reached adulthood
If a child support amount is determined for existing reasons, and later the non-custodial parent's wages are increased dramatically, shouldn't the support amount be modified? Can this modification occur after my child has reached adulthood?
2 Answers from Attorneys
Re: court ordered child support amount for child who has reached adulthood
Depends on what the order of child support says about post-secondary support - at least that's true here in WA.
Support on a CURRENT order can be modified if there is a substantial change of circumstances in the life of either party.
A significant increase in wages would be a basis to modify a CURRENT order.
If the order has by it's terms expired, there is nothing to modify.
If the obligor owes arrearages, each unpaid month of child support becomes a judgment, due and owing, accruing interest at 12% until paid in full.
But that's past due support. I don't think any court is going to retroactively modify a support obligation upwards after the child has reached their majority.
Hope this helps. Powell
Re: court ordered child support amount for child who has reached adulthood
In California child support cannot be changed after it becomes due. The only exception is when a motion is filed to modify child support. The court's jurisdiction to order child support ends when the child turns 18. The only exception is if the child is a full time high school student. Then support continues until the child either completes high school or turns 19.