Legal Question in Family Law in California
Ending child support of adult children
My husband has 2 sons age 22 and 18. They have both graduated high school. The older one doesn't live at home or go to college. The younger one will move away to attend college in the fall. My husband owes back child support. My question is: Will he have to continue to pay child support as well as back child support even though both children no longer live at home? Shouldn't the amount that is taken out of his paycheck be reduced now that these boys are grown? What is the term ''Family Support'' on the Order to withhold income for child support? We have called several times to find out but was treated terribly and got no answer. So far the amount for ''Family Support is as much as the child support and back child support combined. Help!!!! This is causing us great finacial stress. Soon we will be on welfare!
2 Answers from Attorneys
Re: Ending child support of adult children
You need to get a copy of all charges for child support and payments made. Then determine howmuch is due. He obligation to pay current child support ended when the child reached 18 years of age, unless they were attending high school full time and were under 19 years of age.
Re: Ending child support of adult children
The father needs to file a petition with the court to ask that the child support obligation for the older child be terminated, and depending on the language of the Order in the Final Decree, perhaps also get the child support fo rth eyounger child terminated. If he still has a child support arrearage from the past, the court will not let him avoid paying that, but is likely to allow a reduction in what he is paying now, and to make clear that all of his current payments are going to the arrearage, and to even include a specific date at which all payments will stop without returning to court again.