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?


Asked on 2/03/07, 5:08 am

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

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

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Answered on 2/03/07, 3:05 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 2/18/07, 6:41 pm


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