I was recently told by a friend that even though my youngest turned 18 (and still lives at home), that my ex should have notified me in writing his intent to discontinue child support six months prior to doing so. Does anyone know how this works in California?
Answer:
It is always best to obtain the advice of a family law attorney. Attorneys specialize in one or more areas of law, and it is generally best to ask a practitioner who has specific knowledge in this area. As a general premise, in California, "child support generally continues until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent's obligation to pay support continues until the child becomes 18 years old. However, the current support obligation may continue until the child is 19, if the child is unmarried and attending high school full time. A court may order current child support to continue after the child emancipates because of special circumstances." It may be best to have your Order interpreted by an attorney. You may also contact the attorney handling this issue at the time of your divorce. While I have provided a resource for information, you should understand that nothing substitues for the (often extensive) knowledge of an attorney who specializes in family law. You may want to try to obtain basic information from California Departmet of Child Support Services; however, if an Order needs to be interpreted, please rely on an attorney well versed and studied in this field. Well meaning friends are wonderful in times of need, but a lawyer versed in the statute and interpretation of the Court's order, with experience in the family law arena, is what you need.in addition to your friend's support. Best regards for justice- Truth
The kids 18 let it go.
If custody was ordered by the court beyond that age, your spouse can not terminate support. If your son turns 18 and there is no order to the contrary, your support terminates without notice.
is your child going to college and living at home? If so then he still need to pay some sort of child support if your kid is a full time student. If your child is not going to school then i don't think they need to notify you that the child support will end. It should be in your court papers as to the terms of the agreement for child support and what he is obligated to do. About 90% of the time he has to help pay for all expenses that invole school and houseing and if they live at home that mean he still has to pay something to you as a form of child support. Because you are paying for food, shelter, ect. ect. Check your court papers they should have this info in them.
Can't live without that support, can you?
Read your court orders it will tell you in there.
I'm a legal document assistant in CA. Your ex has no responsibility to give you 6 months notice-you know your child's birthday as well as he does. Nonetheless, he cannot just stop paying child support. he has to petition the court to modify the support to 0. Your child living at home has nothing to do with child support.
Actually, Diana is incorrect. Most of the answers you received are also incorrect.
The reason is we have no idea what your support order states nor the conditions under which the child is living after the disability of age has been shed.
So, would you like to explain a little more?
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