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RayAnswers, Lawyer
Category: Family Law
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Experience:  29 years as a family law lawyer .
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I have another question concerning a matter for my fiance final

Customer Question

I have another question concerning a matter for my fiance final divorced. Can I still ask you those questions at a later time?
Submitted: 2 years ago.
Category: Family Law
Expert:  RayAnswers replied 2 years ago.

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

Can you give me your question so I may help?

JACUSTOMER-tmdhcfxu- :

My question is regarding child support after the child turned over 18 years of age. What would happnenned if you didn't filed a modification after the child turned 18 years of age, and he is now 22 years of age, can they go back for child support until the modification is approved and the child is removed?

RayAnswers :

It would have ended--duty for current support at high school graduation.A California support obligation ends, normally, when the child turns 18. If the child is 18 but still residing at home, still attending high school full-time and still not self-supporting, then the child support obligation ends when the child graduates high school or turns 19, whichever comes first.

RayAnswers :

the father here would only owe for any arrears up until high school graduation.TThis should end by law at that time as far as current support.

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

RayAnswers :

Law for reference

RayAnswers :








California



Termination of support at 18, or if child is in high school, then until child graduates from high school or turns 19, whichever is first



No statute or case law holding parents to a duty to college support in the absence of an agreement.


JACUSTOMER-tmdhcfxu- :

There is another child 15 years of age, can the mother take him back to court to modified child support to get a higher payment because she is not working. She has not worked over 2 years, and the income was used for the guidelines was when she was employed. Can the judge make a new order based only on his income until she has employment again? The father believes her intention is not to work so the child support amount will be much higher when there is only his income to be used for the new guidelines.

RayAnswers :

The judge could recalculate it here.The court may well impute a job to her and income so that his level of support is not necessarily raised.I see no reason she cannot work and pay her part.

RayAnswers :

I wish you good luck with this.Thanks for letting me help you.Have a great halloween.

JACUSTOMER-tmdhcfxu- :

Is this normally done when a spouse is capable working and doesn't make attempt? Do you think he should go ahead and filed paper to removed the 20 years old and have a new calculation for the 15 year only on a modified agreement? Apparently he is afraid doing so because of fear a much higher support may be established because of her non employment.

RayAnswers :

Yes it is normal for a court to impute wages--there is n reason why she cannot work here.And yes he should consider filing here and seek reduction.He has good facts to do so. I wish him good luck here.Thanks for the chat.

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