When a parent’s marriage ends in divorce, their obligation to provide financial support for their children does not. Parents share financial responsibility for their children, and depending on their relative incomes, how custody is split, and other factors, often one parent will owe child support payments to the other. While this expense can be significant, it generally has a predictable time frame. It’s essential to not only understand how long and under what conditions a parent is required to pay child support but also what steps need to be taken when that legal obligation ends to ensure that support is paid accurately.
- Does Child Support Automatically Stop at 18 in California?
- How Child Support Works in California
- Modifying Child Support
Are You Preparing For Child Support Termination?
Does Child Support Automatically Stop at 18 in California?
In a word, no. While 18 is considered the age at which a child legally becomes an adult, in California Family Code § 3901 specifies that if the child is a full-time high school student who is not self-supporting by the time they’ve turned 18, the parent’s support obligation continues until the child has graduated or turned 19 (whichever comes first). Under California law, a parent does not have to provide support for a child to attend college, although that does not prevent parents from coming to an agreement between themselves about sharing responsibility for such costs as part of their divorce proceedings.
Certain exceptions apply to this general timeline. If a child becomes legally emancipated from their parents, joins the military, gets married, or enters into a domestic partnership, the obligation to pay can end sooner. (On a more somber note, the obligation to pay child support also ends if the child passes away.) The requirement to pay child support can continue indefinitely, however, if the child is incapacitated and unable to earn a living. In such cases (according to Family Code § 3910), both parents have an equal responsibility to support the child “to the extent of their ability.”
Another important point is that child support doesn’t exactly “automatically” stop when a child accepts their diploma. There are procedural steps that must be taken to verify the necessary conditions and ensure the parent’s obligation has been met before payments can cease.
How Child Support Works in California
When child support has been ordered, if the parent is regularly employed, support payments are often taken directly from their paycheck. Less commonly, a parent can avoid income withholding if the other parent agrees to an alternate arrangement, or if such an arrangement is ordered by a judge. This is generally only allowed if the parent has a consistent payment record, and garnishment would be a hardship that would be detrimental to the child’s best interests.
The attorney or their client must submit an Income Withholding Order to the court to request automatic deductions from the supporting parent’s salary. Until then, the supported parent will need to rely on the paying parent to make the appropriate, timely payments. While the court is not guaranteed to approve the request, the majority will. Once approved, the withholding order is issued to the parent’s employer to instruct them on how much should be withheld and where the payments should be sent. A local child support agency may be involved in enforcing the order, but not necessarily. This order remains in force until child support ends or the order is modified.
By law, the employer must continue to garnish child support payments each pay period until they have received a Terminated Income Withholding Order (FL-195). Assuming the requirement has ended because the child has reached the age of 18 and graduated high school, getting the updated order does not necessarily require a court appearance. A judge can approve the termination order based on evidence provided (such as a high school diploma and birth certificate for the child). The new order must then be served on the parent’s employer to complete the process.
Note that even if the child meets the age and graduation requirements, a child support order can’t be terminated if the parent is behind on child support payments. The parent is still obligated to pay what they owe in full, no matter how old the child is.
Modifying Child Support
Either parent can petition the court to modify the amount of child support if circumstances change. For example, if the parent who has been ordered to pay child support loses their job or takes a substantial pay cut, they may be unable to continue to pay at the previously ordered amount. Alternatively, if the other parent has taken on a greater share of parenting time, or if the child’s medical, education, or childcare costs have increased, a greater amount of child support may be needed to ensure the child’s needs are met. However, any modification must be approved by the court. The obligated parent will also need to request an updated Income Withholding Order to provide to their employer to reflect the change.
In 2023, a new law was passed that modified the statewide uniform child support guidelines effective September 1, 2024, bringing California’s laws into line with new regulations passed by the federal Department of Health and Human Services. The new law places a greater emphasis on how much time each parent has with the child in determining support obligations, as well as adjusting income brackets. It also changes how expenses like childcare and unreimbursed medical expenses are shared between parents. Parents unsure of how the new law might affect their current child support order are advised to consult an experienced family law attorney to determine their best course of action.
Your Family Law Resource in Silicon Valley
Whether you’re preparing for child support termination or wondering what your options are if your current level of child support seems unfairly high or low, the expert attorneys at Hoover Krepelka can help. With over 60 years of focusing exclusively on family law, we have the experience and knowledge to ensure that you understand your obligations, take the appropriate steps to end child support when you’ve paid your fair share, and can get appropriate modifications when necessary. To schedule a consultation, fill out the form below.
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