Child support, when does it end?

[the4ofus]

What is the name of your state? California

I posted this in the wrong forum, so here it goes.

A friend of mine is paying child support for his daughter, and it's suppose to end in June of 2005. His exwife just called him and told him she was taking him back to court. Their daughter is going to junior college, and the exwife feels that since she's still in school, he should still pay. He said he don't mind paying for her school, but doesn't feel he should still pay child support past the age of 19 in addition to the child support. Now, I know in a lot of places, it's payed until the child is 18 or until they graduate, but not payed past the age of 19. How does this work, and can she get child support past 19 just because she decided to go to junior college. She wants him to pay until she is 21.

Thanks for your help.

 

[VeronicaGia]

Were they ever married? Is college support outlined or discussed in their divorce papers? If not, CA support ends when the child turns 18 AND has graduated high school, but no later than age 19.

She can file all she wants, unless he agrees to it or has already agreed to it in divorce papers, she's spinning her wheels.

 

[the4ofus]

They were married, nothing was in their order about college, and support going past the age of 19 or graduation. She's wanting to add to it now, and he doesn't want to agree to it. He will pay for her junior college, but can't afford it if she goes to a university.

 

[VeronicaGia]

They were married, nothing was in their order about college, and support going past the age of 19 or graduation. She's wanting to add to it now, and he doesn't want to agree to it. He will pay for her junior college, but can't afford it if she goes to a university.

He should not agree to it now and should not mention junior college or anything else in front of her, the child or the judge. He will need to emancipate the child. Unless the child is handicapped, support will end according to law absent any other type of court ordered agreement.

 

[Phnx02]

They were married, nothing was in their order about college, and support going past the age of 19 or graduation. She's wanting to add to it now, and he doesn't want to agree to it. He will pay for her junior college, but can't afford it if she goes to a university.

If not already stated in their original order, he is not obligated to pay CS or for college beyond the date the order specifies. Yes, she can still file to ask for it, but it will be up to the judge/courts if she'll get it, and she'll probably just be wasting her money doing so. If your husband gets hauled to court for this, I would think that once he tells the judge he's willing to pay some college expenses on his own/directly to the school, this will suffice....as working out on their own....without a court order.....just my opinion!

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I posted this in the wrong forum, so here it goes.

A friend of mine is paying child support for his daughter, and it's suppose to end in June of 2005. His exwife just called him and told him she was taking him back to court. Their daughter is going to junior college, and the exwife feels that since she's still in school, he should still pay. He said he don't mind paying for her school, but doesn't feel he should still pay child support past the age of 19 in addition to the child support. Now, I know in a lot of places, it's payed until the child is 18 or until they graduate, but not payed past the age of 19. How does this work, and can she get child support past 19 just because she decided to go to junior college. She wants him to pay until she is 21.

Thanks for your help.

My response:

Was the original order made in California? If it wasn't, what State was it? If it was, absent an agreement by the parents (Ca Fam § 3587) or a "needy" incapacitated adult child (Ca Fam § 3910), the statutory child support duty terminates automatically when the child reaches age 18 (age of majority; Ca Fam § 6500) or when the child turns 19, if the child has not yet graduated from high school.

So, if this is a California order, then have your friend tell his ex-wife that he'll file a Motion to Dismiss and ask for costs and fees, using the above statutes.

IAAL