Legal Question in Family Law in California
My ex-wife and I have joint custody of our three boys but she has them the majority of the time while I have them every other weekend and two weeks in the summer and a week at Christmas. I pay child support to her for them but I have a son who will be 18 in May and he wants to move in with me at that point. Accodring to the divorce papers, it says that she gets child support for him after he turns 18 and stays in the family home and goes to college, etc. When he moves in with me, do I get to stop paying his child support to her? Also, if that is the case, would she have to pay me his child support if he decides to live with me and call my home his primary family home?
1 Answer from Attorneys
It is unusual for a California divorce to call for support payments after the child turns 18 and graduates from college. So it would be necessary to review the relevant documents to figure out the answer to your question. It SOUNDS like you would have the right to stop payments, but would not have the right to receive payments, but that is purely an impression, not a reliable opinion.
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