Legal Question in Family Law in California
In CA FC3901a states: that child support shall be paid until age 18 or attedning high school full time or age 19. My question is: my ex has custody of my son who goes to a independent study for 1 hour a week. He has earned credits at a freshman level and will be 18 in a few months. His mother has not made him go to school as he should have graduated next month. Is this worth taking her back to court to stop child support at age 18 or am I on the hook until he reaches 19 and does not graduate from HS?
2 Answers from Attorneys
I think you are either misreading the statute, or not properly setting forth your question. Is your child in High School or not? Family Code section 3901 provides that you have to support your child, if he is a full-time student (and who is not self supporting) until he completes the 12th grade or reaches the age of 19, whichever occurs first. If he is not a full time student, your obligation to pay child support terminates when he is 18.
Roach is right on this one. One hour a week of independent study does not qualify for continued child support until 19.
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