If you are a parent in California, you have a duty to support your child. This duty includes an obligation to pay child support. The duration of this duty does not necessarily last until the child turns 18 years old. Your Orange County child support attorney at Wallin & Klarich can explain to you when your obligation to pay child support ends.
Generally, absent an agreement with the other parent of your child, or if you have a “needy” incapacitated adult child, your statutory duty to pay child support ends when the child reaches the age of 18—the age of majority.
However, as your Orange County child support attorney at Wallin & Klarich will explain to you in more detail, there is an extension on the duration to pay child support for an unmarried, 18-year-old child, who is a full-time high school student and does not support himself or herself. In this situation, your statutory obligation continues until your child completes’ the 12th grade or reaches age 19, whichever occurs first [Family Code Section 3901]. The statute does not require your child to demonstrate a good faith effort to complete the 12th grade as soon as possible. Additionally, the statue continues your obligation to pay even if your child does not reside with the custodial parent. So long as the custodial parent remains responsible for your child’s care, welfare and education during the relevant period, you must continue to pay support. The parent receiving support must notify you when your child reaches age 19 or completes the 12th grade, thus terminating your duty to pay child support.
Also, there are two situations where parents may have a duty to support their adult children. The first situation occurs when your child is needy and incapacitated. Here, you and the other parent have an equal responsibility to support your child of whatever age who is incapacitated from earning a living and without sufficient means. The second situation occurs where you and the other parent agree to support your adult child. In this second situation, the court has authority to approve your stipulated agreement with the other parent to pay for child support after your child turns 18 years old.
Before going to court or entering into a child support agreement, it is important that your Child Support Lawyer in Orange County explains how long you will have to pay child support. Wallin & Klarich has experienced Orange County child support attorneys who can help you today and address your child support concerns. Call toll free at 888-749-7428.
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