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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34896
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Currently I share 50/50 custody of my son. He will be going

Customer Question

Currently I share 50/50 custody of my son. He will be going into his senior year this year. He was in independent study his whole junior year. In order to graduate you have to have 220 credit in order to graduate from high school you can only earn 55 per year unless you go to summer school and you get no "F" in a class or you lose any credits . He currently will need to earn 75 credit in order to graduate this year . I have explained this to his mother and what he needs to do and they seem to be refusing to cooperate feeling that they are in control. he is also currently taking a drug called smoking weed with Adderall is an upper and need is a downer . This combination of drugs is bad. My son now refuses to come to my home now for fear I will have him drug tested.In November he will turn 18 and he my or may not be a full-time student come next year.After he turns 18 and mostly he will no longer be a full-time student and will be an independent study again do I have to continue paying for child support ?His mother seems as if she can play the system and buy another six months of child support because he probably won't graduate this year. I feel this isn't fair to me because I've done everything I possibly can to give him the option to graduate on time he is refusing to showing up to school or I feel there playing games to buy more time of child support.Even when he was enrolled full-time he had so many absences claiming that he was sick and his mother was calling The school to excuse his absence .I already had a meeting with the school. They have explained how old and what we need to do in order to make graduation happen this year what do I do if my child refuses to do it?
Submitted: 4 months ago.
Category: Family Law
Expert:  LawTalk replied 4 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I certainly empathize with your situation and the fact that your ex is abusing the system to take you for all she can get. Unfortunately, CA law is quite clear in its support guidelines. Child support is an obligation at least until the child reaches the age of 18. However, if that child is still attending high school on a full time basis---be that attendance at a formal school, an online school or even through home schooling, support does not end until the child graduates or turns 19, whichever occurs first.

Unfortunately, you cannot force your child to attend summer school, and if 55 units is full time, you cannot demand that he earn more in order to graduate on time. The court will not order that he do so either and the fact that he will not or that his mother will not force him to do so---is not a legal basis for the court to terminate support.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,


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