When Does Child Support End in California?
If you’ve been paying child support, you know that it’s helping your child or children have a good life. You may also wonder when your legal obligation to pay child support will end. It’s a little more complicated than your child becoming a legal adult based on their age. When Does Child Support End in California?
The team at S.L. Pitts PC would like to provide some answers for custodial and non-custodial parents on when child support ends in California. If you have any other questions about child support and ongoing financial obligations to adult children, be sure to contact our family law attorneys in Beverly Hills, CA. You can also reach our law office by phone at (424) 699-2706.
Let’s start by addressing a common misconception about child support and turning 18.
Does Child Support End When a Child Reaches the Age 18?
Not necessarily.
Some non-custodial parents will continue to pay child support even though their child is legally an adult. Other non-custodial parents will no longer have to pay child support once their child turns 18. It really depends on the circumstances, the court order, and any agreement worked out between the custodial and non-custodial parents.
Even though a child is legally an adult in California, the courts will also consider their education level and the adult child’s ability to earn a living. Be sure to note the specified end date or circumstance in your court order.
Common Circumstances When Child Support Usually Ends in CA
The California Courts guide to child support identifies some common situations in which a non-custodial parent’s obligation to pay child support ends. These typical circumstances include the following:
The Child Turns 18 Years Old and Graduates High School
Many non-custodial parents make child support payments until their child reaches age 18 and graduates high school. At this point the child is considered an adult.
The Adult Child Turns 19 Years Old
If your child does not graduate high school at age 18, child support payments will continue until they turn 19 years old.
The Adult Child Gets Married or Enters a Domestic Partnership
A non-custodial parent’s legal obligation to pay child support can end if their child gets married or enters a domestic partnership.
The Adult Child Joins the U.S. Military
If your child becomes a member of the United States Armed Forces, your child support obligations end. This even applies to children who graduate early and are under 18 years old.
The Child Obtains Legal Emancipation from Their Parents
Emancipation is when a child seeks to live independently from their parents’ custody and control. Children in California can seek emancipation from their parents as early as 14 years old so long as they demonstrate that they can handle their own money and have a legal way of making a living.
The Child or the Non-Custodial Parent Passes Away
If a child passes away or the non-custodial parent passes away, support payment obligations end.
Child Support Could Continue Regardless of the Above Situations
There are two common situations in which child support may continue in despite a child turning 18 or 19 years old:
1. Your Adult Child Is Disabled or Has Special Needs
If an adult child has special needs or is disabled, the court may order continued support payments. This is because the adult is unable to independently earn a living or care for themselves. These payments can be used to cover living expenses, long-term medical care and therapy needs, and other costs of living related to the adult child’s disability.
Continuing financial support will allow the disabled adult to live with comfort and dignity, which is why many non-custodial parents continue to provide for their adult children who have disabilities. While support payments continue, both parents can help their adult child apply for Social Security Disability Insurance (SSDI) and other forms of assistance that address their needs.
2. You Agree to Continue Financially Supporting to Your Adult Child
In this scenario, a non-custodial parent may decide to provide some financial support until their adult child is fully independent even though they are not legally required to do so. For example, a non-custodial parent may help with college tuition, textbooks, and living expenses until their adult child has earned a degree.
These kinds of arrangements are usually voluntary. Parents can negotiate these kinds of financial support arrangements together in order to ensure their child is cared for as they enter the first stages of adult life.
Will I Still Need to Make Support Payments to My Adult Child?
Families and family structures differ. If you’re wondering if you’ll need to continue paying child support after your child graduates high school or turns 18 or 19 years old, our family lawyers can provide answers. To speak with experienced Beverly Hills child support attorneys near you, contact our SoCal family law office today. You can also reach us by phone at (424) 699-2706.
Ending or Changing Child Support Payments Through Order Modification
If your child hasn’t graduated high school or reached age 19, there are other ways that child support could end. One option is to seek a modification to your current child support order. In certain financial situations, you may be able to stop making child support payments.
Reasons to Seek Modification to a Child Support Order
Any change in your income, finances, or ability to earn an income can be grounds to modify an existing child support order. California Child Support Services lists a few situations that would warrant a modification:
- Changes in Your Income – If you get fired, laid off, or have hours cut at your job, this can severely impact your ability to make ends meet. This would be grounds for reducing the current child support payment amount.
- Changes in Your Ex’s Finances – If your ex inherits money, gets a high-paying job, or experiences a substantial improvement in their finances, you could request a modification to your payment obligations.
- Illness or Disability – If you come down with a serious illness or develop/acquire a disability, you may not be able to earn a living like you used to. Requesting a modification will address the new realities you face with regard to health expenses and earnings.
- Active Military Deployment – If you have to leave a job in the private sector to serve in the armed forces, modifications to child support orders will reflect the major change in pay.
If you have experienced another circumstance that affects your income or finances, feel free to discuss your situation with our child support attorneys. We’ll let you know if it’s worth seeking a modification to the current support order that’s in place.
Modifications May Simply Reduce Payments, Not End Them Entirely
Keep in mind that the modification in support payments could simply reduce the monthly amount you owe rather than completely eliminate your financial obligation to your child. Similarly, there may be a temporary hold on child support payments rather than a total end to your financial obligation. The outcomes of these cases vary from family to family.
When you meet with the Beverly Hills child support lawyers at S.L. Pits, we’ll tell you what you can expect and provide realistic expectations of the likely outcomes.
Termination of Parental Rights and the End of Child Support
In some cases, a biological parent may have their parental rights terminated. This may or may not coincide with the end of their child support obligations. It depends on the circumstances and the final court order.
Voluntary and Involuntary Termination of Parental Rights
There are different situations in which a parent has their parental rights terminated:
- Voluntary Termination of Parental Rights – A biological parent may terminate their parental rights if their child is being relinquished to an adoption agency or adoptive family. Similarly, a biological parent may terminate their parental rights if their child is being adopted by a stepparent.
- Involuntary Termination of Parental Rights – As noted by the Child Welfare Information Gateway, involuntary termination of parental rights tends to be reserved for situations in which a parent is found to be dangerous, unstable, or otherwise unfit to raise a child.
Termination of Parental Right Does Not Guarantee the End of Child Support
As we noted above, a biological parent may lose their legal parental rights but still have a legal obligation to make child support payments. Given what’s at stake when you relinquish parental rights, this is generally not an advisable route to go.
If you’re a non-custodial parent simply interested in reducing child support payments, there are usually better options to consider. That said, if you’re a custodial parent who wants what’s best for your child, ending your ex’s legal parental rights could be what your family needs for safety and peace of mind.
What Happens If I Disobey a Court Order and Stop Making Child Support Payments?
First of all, we should say that this is not a good decision to make.
If you defy a court order and refuse to pay child support, you will owe 10% annual interest on the delinquent payments per CA Code of Civil Procedure (CCP) § 685.010. In addition, you may also be found in contempt of court per CA CCP § 1218.
Non-custodial parents who owe late child support could have their wages garnished, lose tax refunds, and have other assets seized. This can also affect your ability to hold a professional license or get your passport renewed.
Speak with Our Child Support Attorneys About Your Situation
Do not disobey a court order. The consequences of this action can affect your life for many, many years.
We know that you may be facing a difficult situation when it comes to making your child support payments. You may even find that your situation as a non-custodial parent is unfair. But despite those feelings, you need to find a better solution for your sake and your child’s sake.
Instead of putting your future in jeopardy, speak with the Beverly Hills child support lawyers at S.L. Pitts. We can review different options when it comes to modification of child support orders and help you avoid getting into serious legal trouble.
Negotiating an End to Child Support Obligations Through Alternative Dispute Resolution (ADR)
If you and your ex are on generally good terms, you may be able to negotiate an end to your child support obligations. This doesn’t need to happen in court either. There are different methods of dispute resolution that can allow exes to reach mutually agreeable resolutions.
These ADR methods require cooperation and a willingness to compromise, but they can help co-parents reach agreements and consider their needs as well as the best interests of the child. ADR can also help save parents time and money if they can resolve issues outside of court.
Collaborative Law
Collaborative law means direct negotiation between both parents and their attorneys. During a direct conversation, the parents will address their financial circumstances, the needs of their child or children, and why changes should or shouldn’t be made to the current child support arrangement.
Collaboration does not guarantee that a non-custodial parent will end their child support obligations, but it can help ensure open communication and a strong co-parenting relationship.
Mediation
If direct communication is not possible or not advisable given the situation, mediation is another option to consider. This involves the presence of a disinterested third party known as a mediator. The parents and their respective legal representation are kept in separate rooms, with the mediator acting as a go-between. The mediator will present one side’s proposal to the other and go back and forth to help facilitate a conversation.
As with collaborative law, mediation does not guarantee that the non-custodial parent will stop making child support payments. However, it can help ensure the continuation of a fruitful co-parenting relationship.
Questions About Child Support? Contact Our Beverly Hills Family Lawyers for Answers
You want what’s best for your kids, but sometimes life, priorities, and financial situations change. We understand, which is why we’ll help you consider your options when it comes to child support obligations. Our family law attorneys can offer honest advice and legal counsel without judgement. To discuss your situation with trusted child support attorneys near you, contact our Beverly Hills law office today. You can also reach the family lawyers of S.L. Pitts PC by phone at (424) 699-2706.