Legal Question in Family Law in California
Divorce was originally finalized in Hawaii but my ex wife and children never lived there. I was stationed there while in the military so I filed there. I have since retired from the military and relocated back to California where ex wife and children have always resided. Divorce decree states I'll have to pay child support up to age 25 or when children finish college, whichever is first. I had decree transferred from Hawaii to California. Oldest daughter is 17 and she graduated early and is now attending college. It is all funded by the Department of Rehabilitation. Should child support for her end at age 18 per California law?
3 Answers from Attorneys
No, because you have a decree that states otherwise, which you apparently agreed to.
I had a case that I took on appeal on the very same issue that you have. The end result was that if the order is modified in California, California law was used to set the termination date. That would be age 18 and no longer in public high school or age 19, whichever is later. Therefore, I would suggest that you file a motion to modify support, but that you use an attorney, because not every judge or every attorney is familiar with the rules of a multistate case.
Mr. McCrary and Mr. Roach are both right. The decree from HI stands unless you do something to change it, which would be a motion to modify it. If the case has been properly transferred to CA then CA law will apply to the modification. Bear in mind, however, that CA law DOES allow child support to be continued past the statutory cut-off in some circumstances. So it is not automatic that you would win the modification motion.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
