Health Ins & Child support After 18

[Mars4Dude]

California;
My son just turned 18 last July, and graduated high school last June 2005. My court order after hearing states:

"CHILD WILL GRADUATE JUNE 2005. ONGONG CHILD SUPPORT TO $ZERO COMM JULY 01, 2005."

Now, my son is going to college. I have no problem supporting him through college on my own; however, I think my son should do something to support himself too (he has never had a job, and is going to college where tuition is free), and his mother could support him too rather than using him to support herself through welfare.

The county child support division has sent a letter to my employer to investigate my wages and health insurance. I am a disabled veteran; therefore, I do not have insurance through my employer. My question is “am I required to obtain health insurance and pay child support again now that he has started college?” Not being an attorney, I interpret the California Codes below to state that I have satisfied my obligation? HELP :

California Codes, Family Code: 3900.
Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances.

California Codes, Family Code: 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.

 

[BelizeBreeze]

and have you petitioned the court to dismiss the support order?

 

[Mars4Dude]

No does one need a order to dismiss the support order???

 

[I AM ALWAYS LIABLE]

No does one need a order to dismiss the support order???

My response:

No, not in California. However, is your son disabled? If so, to what degree?

I also presume you haven't entered into a 3901(b) agreement, correct?

IAAL

 

[Mars4Dude]

My response:

No, not in California. However, is your son disabled? If so, to what degree?

I also presume you haven't entered into a 3901(b) agreement, correct?

IAAL

My son is not disabled at all, and is completely well. Your presumption is correct I have not entered into a 3901(b) agreement, nor does our divorce decree say anything about extended child support or health coverage past the child becoming of legal age.

 

[Mars4Dude]

I did check out a web site in a previous thread which appears to support the state statue:


http://www.deltabravo.net/custody/emancipate.htm

Termination of Child Support
and Support Beyond Majority

California Termination of support at 18, or if child is in high school, then until child graduates from high school or turns 19, whichever is first

No statute or case law holding parents to a duty to college support in the absence of an agreement.


If this is true, how does one deal with a county agency which violates the law, and has immunity of prosecution ?

 

[Zephyr]

Have you called cse and asked them to stop with drawing the money?