In California child support cases, the parties may be surprised to learn that a parent's duty to financially support his or her child may continue after the child becomes a legal adult at the age of eighteen (18). This idea is often confusing to the parties because child support is inextricably linked to the time the child spends with each parent. Generally, the more time the supporting parent spends with the child, the lower the child support amount will be. On the other hand, the lower the amount of time the supporting parent spends with the child, the higher the child support obligation will be.
Pursuant to Family Code section 3901, "the duty of support imposed by [Fam. Code §3900] continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first". As stated in this code section, even if a child attains the age of 18 years, a parent will still be obligated to financially support the child until the child finishes high school. However, despite the ability of the family court to order child support, the court cannot make corresponding custody and visitation orders of an 18 year-old adult. Therefore, a parent may be ordered to pay child support for a child who is not required to spend specified time periods with either parent.
Considering the fact that timeshare with the children is such a major factor in calculating child support, parties are faced with a conundrum when one child requiring financial support is a legal adult and cannot be forced to comply with a custody and visitation order. In these cases, the court bases child support on actual timeshare instead of timeshare which is ordered pursuant to a custody and visitation agreement or order. This means that if the 18 year-old student does not want to spend time with the supporting parent, child support will be calculated with the supporting parent have minimal time with the child. As a result, the supporting parent's child support obligation will be higher than if the parties shared equal time with the child.
Cases where a child does not want to spend time with one or both parents are very difficult. If you feel like the relationship between your child and you and/or your former spouse is deteriorating, it is important to discuss your options with your divorce attorney to work towards repairing that important relationship before the child turns 18.