QUESTION: The child is 18 years old, has not graduated from High School, and has decided to move in with the non custodial parent. Can the non custodial parent file for support?
MY RESPONSE:
Under those circumstances, if the NCP desires a Child Support Order, if the case is either a Divorce or Paternity(or post-Divorce or post-Paternity) case, the NCP should file an Order to Show Cause for modification of Child Custody and Child Support.
Note, however, that Child Support would be payable only if the child is a full time high school student residing with a parent, and only until the child completes the 12th grade or reaches age 19, whichever occurs first.
Note also that child support would not be retroactive to a date prior to the filing of the Order to Show Cause for modification of Child Custody and Child Support.
If the existing support order is under a local Child Support Agency case, the NCP should file an Order to Show Cause for modification of Child Support, but note that the same child support duration and retroactivity limits noted above would apply.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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