Child Support of An Adult Child Still Enrolled in High School in California

According to Schopfer, a court may order a biological father to continue to support his adult child who is still enrolled in high school but lives with her step-father.

 

FACTUAL BACKGROUND LEADING TO THE REQUEST TO TERMINATE CHILD SUPPORT
The mother and father of the minor child were divorced when the minor child was about 6 years old. Mom eventually assumed sole custody of the child. When the minor child was around the age of 16, her mother passed away leaving her in the care of her stepfather. The father never assumed custody of the minor child. However, he paid the step father child support after the mother passed away. When the minor child was still enrolled in high school, she turned 18. The biological father moved to terminate the child support due to the fact that based upon statute, the court could not order the father to pay child support to a third party who voluntarily agreed to support the minor child.

 

CHILD SUPPORT PROCEEDINGS
The trial judge disagreed with the father and ordered that the father continue to pay the stepfather child support. The father appealed the order

 

APPEAL OF THE DISSOLUTION ORDER
The appellate court upheld the trial court’s decision stating that because the father agreed to child support and he did not prove that his daughter abandoned the parent without just cause, child support would not be terminated.

 

If you need legal advice and are looking for a family law lawyer in Orange County to address a child support issue in the dissolution of a marriage or any other divorce matter such as legal separation, annulment, spousal support and/or property division, please consider our law office in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

 

T-LawLogo only

 

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

 

Please note that this legal advice does not establish a family law attorney-client relationship.
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