QUESTION
My 18 year old daughter quit HS and is going 1 day a week to a charter school. Do I still have to pay CS until shes 19?
Asked on Oct 21st, 2014 on Child Support - California
More details to this question:
My estranged daughter dropped out of high school without graduating. She then turned 18 and my court ordered child support stopped because she was 18 and not going to school. Now I am told that she is going to school and I have to pay until she is 19 years old. I understand that I would have to pay if she was still going to high school FULL TIME but if she is just going to some charter school one day a week, does that still count as being a student?
1 ANSWER
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Family Code 3901(a) provides that support continues for a "child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first." This means that if your child is not considered a full-time high school student, and is not residing with the other parent, you should no longer be obligated to pay the other parent child support. However, if the charter school considers one day a week of attendance coupled with other educational work during the week as "full time", then you will likely be required to continue paying guideline support.
Answered on Oct 21st, 2014 at 1:46 PM