Legal Question in Family Law in California

When a child turns 18 are they considered a legal adult, if still in high school

I have a son that will be turning 18 in a month. He wants to go and live with his father and complete high school there. His father has had his checks attached for back support issues. My son feels that he will be graduating early. In early court documents, the ex states that he doesn't want support, just our son. Our son is feeling guilty about not spending time with his dad.

The ex doesn't provide insurance, works under the table, and has never paid on the arrearages for the unpaid portions of child care. He has admitted in court documents that he is making $2,000 per month.

If we have a written agreement for our son to live there to complete high school with his friends, would this document be binding? Can he, at 18, tell me he is going anyway? Would I have to support him? I plan on continuing his medical and dental coverage. Also, would I be responsible for the portion not paid by insurance when his father takes him in? We live over 200 miles apart. The 17 year old supposedly will be working with his father. What are my support obligations at this point? I need some help with a big decision.


Asked on 12/03/03, 8:52 pm

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: When a child turns 18 are they considered a legal adult, if still in high

In a negeral sense, when yor son turns 18, he is legally an adult. Under California law, child support ends when a child turns 18, unless that child is still a full time high school student residing with a parent. Child support can then extend to age 19 or completion of the 12th grade, whichever first occurs. Under California law, both parents have an obligation to support their child until age 18, unless extended as set forth above. All of this assumes that your child is not a "disabled child" who can not support himself or herself.

As for the rest of your question, one would need more details before an opinion could be provided.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/03/03, 9:00 pm


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