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  1. #1
    Join Date
    Jul 2012
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    1

    Unhappy California Child Support, when is It Over

    My question involves child support in the State of: California

    Wife and I need to know when the legal age of Child Support to be finished would be? Reason we ask is we are having trouble with my step son with school. Someone advised us that it would be 19 and we can't wait until then. He just doesn't want to do the work or attend school for that matter. He is now in a continuation school as he wasn't focused/driven enough to stay in regular school. Wife is collecting CS from the father and he owes around $35K in back pay...my question is could CA deduct what he owes for one year should we decide to send him to live with his father for the last year of school or would my wife have to pay CS for the remainig year? This situation is really putting a damper in our lives both wife & I. I'm super understanding, but my wife can't take it as my step son just does not care at all for our rules/boundries/feelings towards education/home, etc...

    Please someone help ease this up a lil bit.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: California Child Support, when is It Over

    The support order provides what in relation to when the support obligation ends? A typical provision might be that support continues until age 18, or age 19 if the child continues to be enrolled full-time as a high school student.

  3. #3
    Join Date
    Jul 2012
    Posts
    133

    Default Re: California Child Support, when is It Over

    In CA child support is generally payable until the child reaches the age of majority unless the child is still in high school when they turn 18. Then it is payable until the age of 19 or upon graduation from high school, whichever comes first. However, it could go longer if the original order makes a provision for cs to be paid through college.

    If your step-son goes to live with dad, a new order will be made and mom will likely have to pay support. If the arrears are owed to mom and she never received state aid, she could enter into an agreement with dad to forego some of the arrears, but DCSS isn't going to automatically or unilaterally offset a year of back child support. If a cs order is issued against mom it is also highly doubtful that the court would issue an offset order so mom doesn't have to pay unless both parties agree to it.

    Either way, if he moves in with dad it should go back to court.

  4. #4

    Default Re: California Child Support, when is It Over

    If I understand it right your wife's son in in continuation school and not regular high school. If that is the case and the child is 18 then child support should have stopped already. The child would have to be enrolled fulltime in a regular high school, not continuation school, not GED classes.

  5. #5
    Join Date
    Jul 2012
    Posts
    133

    Default Re: California Child Support, when is It Over

    Quote Quoting cowboys
    View Post
    If I understand it right your wife's son in in continuation school and not regular high school. If that is the case and the child is 18 then child support should have stopped already. The child would have to be enrolled fulltime in a regular high school, not continuation school, not GED classes.
    This isn't correct. Continuation school *is* high school, it's simply a high school where they send kids with a history of disciplinary or disruptive behavioral problems. The court will look at the number of units the kid is taking and whether or not he is on track for graduation, etc. Continuation high schools are run slightly differently, so while he may only be attending three days a week, he may actually be considered a full time high school student. It's highly unlikely the court will stop child support payments in this situation, though they may require regular progress updates be provided to the payor from the school.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,288

    Default Re: California Child Support, when is It Over

    That's correct, EA. (Did you lose your other account?)

    Cowboy is incorrect here.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Jul 2012
    Posts
    133

    Default Re: California Child Support, when is It Over

    Yep. Crashed computer + stored password + new ISP email addy never updated here = new account.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,288

    Default Re: California Child Support, when is It Over

    Then welcome back
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9

    Default Re: California Child Support, when is It Over

    :::::fluffing pillows and patting EA's spot on the couch::::::
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  10. #10
    Join Date
    Jul 2012
    Posts
    133

    Default Re: California Child Support, when is It Over

    Yay! I have a spot on the couch!

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