Factors for an Award of Child Support for an Adult Child in Orange County

The Fourth Appellate District Court analyzed the two prong test required for extending child support when the parties’ child reaches the age of majority in In re Marriage of Cecilia and David W.

FACTS OF THE ADULT CHILD SUPPORT CASE

The Parties were divorced in 1998 when their son was 11 years old. After their son became an adult, his mother filed a Request for Order for child support stating that her adult son’s ADHD and Tourette’s syndrome required an order for child support. At the time of the filing, the adult son was a student at the University of California, San Diego.

CHILD SUPPORT PROCEEDINGS

The trial judge found that the adult son was in need of child support and ordered the father to pay child support, because the adult child would be without sufficient means to support himself if he did not attend school. The court also found that the adult son could not maintain a job. The father appealed the order for child support stating that the mother did not prove that the adult son was incapacitated and without sufficient means to support himself.

APPEAL OF THE DIVORCE ORDER

The appellate court agreed with the dad and reversed the trial judge’s order. The appellate court stated that there are two prongs that must be proven to obtain child support for an adult child: incapacity and insufficient means. In order to have a finding that the adult child is incapacitated, there must be proof that there is an inability to become self-supporting due to the disability and that the child does not have sufficient means to become self-supporting. For the second prong, the court must analyze whether the child will become a public charge without adult child support payments. In this case, there was not enough evidence to prove that the adult child could not support himself.

DO YOU NEED HELP IN THE SUPPORT OF AN ADULT CHILD?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as child support for an adult child or any other divorce matter such as legal separation, annulment, custody, spousal support 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.

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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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