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  1. #1
    Lynn Goodwin Guest

    Support for 18 year old student

    What is the name of your state? CALIFORNIA

    Re: support for a child over the age of 18 but still a full time high school student - - My daughter is 18 but attends continuation high school. Classes are three hours a day, five days a week and she will receive a diploma whenever she graduates. My ex is taking me to court to stop the child support because she's reached age of majority. However, it states that it would continue as long as she is a full time high school student. Isn't she still considered a full time student under her circumstances?

    Thank you.
  2. #2
    stealth2 is offline Senior Member
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    May 2002
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    I'm not sure that 3 hours a day of anything can really be considered full-time.
  3. #3
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Support for 18 year old student

    Originally posted by Lynn Goodwin
    What is the name of your state? CALIFORNIA

    Re: support for a child over the age of 18 but still a full time high school student - - My daughter is 18 but attends continuation high school. Classes are three hours a day, five days a week and she will receive a diploma whenever she graduates. My ex is taking me to court to stop the child support because she's reached age of majority. However, it states that it would continue as long as she is a full time high school student. Isn't she still considered a full time student under her circumstances?

    Thank you.



    My response:

    As to any unmarried 18-year-old child who is a full-time high school student and not self-supporting, the parents' statutory support obligation continues until the child completes the 12th grade or reaches age 19, whichever occurs first (thereafter, continued support is subject to the parents' agreement). [Ca Fam 3901(a) & (b); see Marriage of Everett (1990) 220 Cal.App.3d 846]

    Only full-time high school attendance is necessary to trigger a parent's Ca Fam 3901 extended support obligation (18-year-old child who is a full-time high school student and not self-supporting owed duty of support until earliest of age 19 or completion of 12th grade). The statute does not require the supported child to demonstrate a "good faith effort" to graduate as soon as possible; nor does it condition the extended support duty on the child's participation only in those classes that "propel her or him toward graduation at the earliest possible date." [Marriage of Hubner (2001) 94 Cal.App.4th 175, 189, 114 Cal.Rptr.2d 646, 656-- 3901 support duty triggered by 18-year-old's participation in high school AFS exchange program in Japan]

    "Full-time student": A group health policy covering dependents under age 25 and "enrolled as a full-time student" has a plain meaning: i.e., students who are actually registered and attending classes on a substantial basis. [Prudential Ins. Co. of America, Inc. v. Sup.Ct. (Dunniway) (2002) 98 Cal.App.4th 585, 600, 119 Cal.Rptr.2d 823, 835]

    Without having read this case, I would interpret the above to mean that a "full-time student" is one who is seated from the first bell ring, and remains until the last bell ring of the day when school is actually completed for the day and no more classes are being taught for that day. However, it doesn't mean that the student must "participate only in those classes that "propel her or him toward graduation at the earliest possible date." Your child could take "finger painting" or "wood shop" classes throughout the rest of the school day; just as long as your child is physically at school throughout the school's business day.

    Family Code section 3901.
    (a) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.

    (b) Nothing in this section limits a parent's ability to agree to provide additional support or the court's power to inquire whether an agreement to provide additional support has been made.

    IAAL
    Last edited by I AM ALWAYS LIABLE; 11-05-2002 at 11:53 AM.

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