Terminating Child Support in California: Part I

In California, child support is usually set to end when the child turns 18 years old, which is when the child reaches the age of legally being considered an adult. marking the age of majority when they are legally considered an adult. This is not, of course, always the case.

California law acknowledges that not every eighteen-year-old is prepared to be completely financially independent.  For example, many high school students turn eighteen prior to high school graduation. However, being a full-time high school student, they are not prepared to financially support themselves through full time employment. There are many reasons and situations which can justify child support lasting beyond the child reaching the age of eighteen. And there are specific circumstances that can modify the generality that child support obligations end at age eighteen.

In this two-part series, we will discuss the legal grounds for justifying the termination of child support and some of the specific circumstances those grounds might occur. In part two of this series, we will further discuss the role of the courts in child support obligation termination actions, the steps you need to take to file a motion for child support obligation termination, and common challenges you might face along the way.

Let’s get started.

Legal Grounds for Terminating Child Support

Several legal grounds exist that might justify the termination of child support in California. The law recognizes that there are unique circumstances that might require child support to be handled differently. Accordingly, the law has developed in a way that there is an adaptability to account for circumstances where terminating child support may be appropriate. Circumstances that might lead to termination of child support can include:

Marriage

Not marriage/re-marriage of the spouse – but marriage of the child at issue. If an individual gets married and a child support order is still in place to benefit that individual, that order might be terminated. It is generally accepted that an individual stepping into the adult realm of marriage and entering into a legally binding adult relationship with financial responsibilities is no longer in need of child support payments.

Emancipation

Legal emancipation – or legal independence from parents – might occur in a number of ways. Marriage as discussed above is one way emancipation occurs. Emancipation can also be granted to individuals entering military service, or after a court finds cause to grant a formal request for emancipation as petitioned by the individual.

Enlistment

As touched on above, taking on the adult responsibility of enlisting in the armed services sends a message to the courts that financial support in the form of child support may no longer be necessary.

Death

in the unfortunate event of a child’s death, the child support obligations, also, naturally cease.

Significant Change

Additionally, if the parent paying child support can demonstrate that a child’s circumstances have significantly changed, the need for continued parental support may be diminished. For instance, a child gaining financial self-sufficiency via a large inheritance, for instance, could potentially impact the need for higher levels of child support.

A change in custody arrangements might also affect child support. If a child support order is put into place, and several months later the child begins living with the child-support paying parent full time, the court may agree with a parent petitioning for child support payments to be re-evaluated or for the support obligation to be terminated.

Contact Cardwell, Steigerwald Young

Each case is unique and should be evaluated based on its specific facts. The experienced San Francisco child support attorneys at Cardwell, Steigerwald Young understand the nuances and details that can influence a court’s consideration of a child support termination request. Speak with our team to begin discussing your own case and the best steps you can make moving forward.

Sources:

pagesix.com/2024/11/12/parents/britney-spears-may-have-to-pay-sons-expenses-after-child-support/

selfhelp.courts.ca.gov/emancipation