Child Support of 18 year old still in high school

[dorinablythe]

My divorce was filed in the state of California.

My divorce decree says that child support for my two children will be paid until the age of 18. My Ex said that as long as the children were in high school he would pay child support. He now says that he will stop payment when our son is 18, while he still has 7 months of high school left before graduation.

Does state law say he has to pay until he graduates? Do I have any recourse?

 

[Isis1]

My divorce was filed in the state of California.

My divorce decree says that child support for my two children will be paid until the age of 18. My Ex said that as long as the children were in high school he would pay child support. He now says that he will stop payment when our son is 18, while he still has 7 months of high school left before graduation.

Does state law say he has to pay until he graduates? Do I have any recourse?

what is the exact wording of your court order?

 

[CourtClerk]

As for what happens when the 18 year old is still in high school, the family code says that CS is paid until the 18 year old graduates high school or turns 19, which ever comes first.

 

[CourtClerk]

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.

 

[Silverplum]

My divorce was filed in the state of California.

My divorce decree says that child support for my two children will be paid until the age of 18. My Ex said that as long as the children were in high school he would pay child support. He now says that he will stop payment when our son is 18, while he still has 7 months of high school left before graduation.

Does state law say he has to pay until he graduates? Do I have any recourse?

I don't think it matters if state law says Dad must pay till graduation: your COURT ORDER states CS terminates at age 18.

You could file to extend, citing state law, but it may take too long to be worth it.