Legal Question in Family Law in California

Reopening a case after DA's office closed it

My husbands daughter turned 18 in April. His original divorce judgement states child support until she reaches age 18, marries, dies or becomes emanicipated or until further order of the court. DA's office closed file, faxed paper to employer to stop wage assignment then they fowarded it to the office that file had been opened at. This other DA's office is now stating that they were over ruling other DA and that he owes 2 months of support because they state that it should continue until she graduates from school. They claim that they are reopening the file (even though child is over 18 now). How is it that one DA's office agrees that it is over and another can reopen it. We have the documentation showing that they closed it because child is emancipated.

She did not take him to court to change judgement to reflect current law stating child support until 18 or out

of high school. This was not a welfare case, therefore they were not collecting for the state. No arrears are owed and last statement shows a zero balance. Judgement originated LA county, case is in El Dorado County (because she lived there years ago) and she lives in Nevada.


Asked on 6/30/05, 7:29 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Reopening a case after DA's office closed it

California law provides that child support is to be paid until the child reaches age 18. However there is an exception to that rule. Support continues so long as the child is a full time student in high school, until the child reaches age 19. Your cheapest way out of this would appear to be to pay the additional two months support.

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Answered on 6/30/05, 10:29 pm


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