Legal Question in Family Law in California
Good morning,
I have a question regarding my child support. I was divorced back in 2005. My ex husband paid me $ 500.00 monthly for child support for our son. A year later we tried working things out and moved back in together. He didnt give me no child support alimony during the time we lived together. Thingss did not work out and we have seperated again. Our son is in High school. Senior year. However he turns 18 on November 22,2012. Does that mean, It is not mandatory for my ex husband to pay me child support any more since our son is now turning 18. Or will he still be responsible until our son graduates from high school?
2 Answers from Attorneys
My understanding of your question is this: you were divorced in 2005 and part of the divorce decree included at $500.00 per month child support order. You did not indicate whether you were also given a spousal support or alimony award. Child support and spousal support or alimony are different things and it is important not to confuse these terms. You indicated that in 2006 or so, you and your former husband attempted a reconciliation. You did not state how long the reconciliation lasted or if you and your former husband had the child support order modified to reflect the changed circumstances.
Assuming you did not have the child support order modified, it is still in effect and enforceable. You may have a claim for arrears for any time period that no support was paid, although your son's father may have a defense that he was actually supporting the child during the time period that you were again living together as a family.
You should consult with a family law attorney about getting the child support arrears claim made and possibly having the order modified to cover your son until he completes high school. You may want to work with the Family Law Facilitator's office and the California Department of Child Support enforcement for the county where you live.
Ms. Macklin gives a good answer, but never managed to answer your actual specific question. The answer is that child support continues until BOTH the 18th birthday AND either graduation from high school or for any other reason ceasing to be a full time high school student, have occurred.