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SAN DIEGO FAMILY LAW SERVICES
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.
FOR ASSISTANCE WITH FAMILY LAW IN SAN DIEGO
CALL TOM HUGUENOR TODAY AT 858-546-4868
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