Thomas M. Huguenor - San Diego Attorney at Law, Ceritifed Family Law Specialist, Divorce, Custody Lawyer
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You have always had my gratitude and, if kind words and thoughts do carry energies throughout the universe, then you have a lot of lights out there with your name on them for I have often told others of your help."
--Margaret L. P.
"I feel this is due to your knowledge and willingness to be thorough.  I know I was quite a pest at times, but I was concerned for Michael's safety."
--Corinne M.
"Thanks for your prompt response one again...
Your clear, concise answer to the support and divorce will make me sleep tonight. Your diligence and efforts are more than appreciated!
Regards,
--Dian
 

Duration of Child Support

The normal period of the obligation to provide support for a minor child extends until their 18th birthday. Some of the exceptions to this rule are:

  • Emancipation - Where the child has married, he or she is no longer a minor child for purposes of the Family Code and support is no longer required. Likewise, if a child has been declared legally emancipated, the support obligation ceases. This is a formal procedure and is not the same as a child leaving home.

  • High School Students - The support obligation continues for a child who is a full time high school student, not married and not self- supporting until the child either completes the 12th grade or reaches age 19, whichever first occurs.

  • Incapacitated Adult Child  - To the extent of their ability, both parents have an equal responsibility to support a child of whatever age who is incapacitated from earning a living and without sufficient means. There must be a mental or physical handicap preventing the child from being able to work or at least proof of inability to find any job due to factors beyond the child's control. The fact that the child is in college is not sufficient to trigger this provision of the law. There must be some disability preventing employment.

  • Agreement of the parents - The parents of a child may agree to continue providing support for a child past the age of majority. Such an agreement is enforceable by the court. For example, the parents could agree to provide support of a child through college.
Child Support Topics

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