Legal Question in Family Law in California
FC Secton 3910 Modifying child support at 18
My son turns 18 in June and I drafted order for mod of child support. My ex-wife refused and requested payment for 4 more yrs on grounds my son is handicapped citing FC SEC 3910??? An Individual Education Plan was generated by the school citing my son's reading comprehension is lacking. The IEP also stated he is self sufficient, and can read! We were referred by the school to the dept of rehab which will provide all expense for my son to attend JR college. My son has been employeed since the age of 15 1/2, owns a car, drives and has self taught the elec guitar. Due to the doc from the DEPT of REHAB my ex wants payment for 4 more years. What do you recommend to prove to the court my son is ''NOT'' handicapped? This is purely my ex to continue payment, which she is telling mutual friends she has won this case! Why doesn't the support end at 18 as stated in MSA and why can't I give my son the money vice going through his mother? Doesn't he become emancipated at 18, the original MSA stated at 18 and graduated from HS which both conditions are met in June!!!! Please advise.....
3 Answers from Attorneys
Re: FC Secton 3910 Modifying child support at 18
From what you are stating your son is not a dependent adult. You do not need an agreement that terminates the support, as that provision is already contained in the MSA and judgment. However, if child support is collected by wage assignment, you will probably need to bring a motion to stop the wage assignment. You should do that quickly, because you will not get a court date until into June. My fees for bringing the motion would be $900, plus filing fee. If the matter goes to a trial, evidenciary hearing or expert testimony is required, fees would be more, however, I do not expect that will be necessary. Pat McCrary
Re: FC Secton 3910 Modifying child support at 18
Your chances of a successful motion will be increased with representation. Call me directly at (619) 222-3504.
Reply: FC Secton 3910 Modifying child support at 18
In a general sense, Family Code section 3910 states as follows:
"(a) The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means."
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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