Emancipation from Child Support?

 In California, we have a somewhat similar misconception that becoming 18 or graduating from high school ends all burdens and risks related to child support. There are several circumstances where this is not the case.
First, the child support law of California states “(a) The duty of support imposed by Section 3900 continues as to an unmarried 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.” Family Code §3901(a).  So, if your child has started school late or been sent back a year, you may end up paying his or her support until the age of 19.
Second, beware of blithely promising to “contribute” to your child’s college expenses in a marital settlement agreement during a dissolution of marriage. Those undertakings are enforceable the same as any other lawful provision of a contract. Fam.C. §3587.
A third aspect of ongoing duties for care and maintenance of our offspring deals with ill and incapacitated children. The Legislature of California has deemed it more equitable for the parents of infirm and disabled children to have the primary obligation to carry the financial burden of their upkeep in accordance with Family Code § 3910.
Fourth, in 2005 former Governor Arnold Schwarzenegger enacted §4502(c). This nullified the last of the impediments preventing full enforcement of unpaid and accrued child support. As a result of these statutory enactments and appellate law decisions, child support arrearages will follow you until you are in the grave, and thereafter if you leave a sufficient estate.
In conclusion, it is largely correct that most of us will be liberated from responsibility under the law to support our children when they graduate from high school and reach the age of 18. However, you may still have some of that load on your back if circumstances warrant. If you have any question whether the conditions described above might apply to you, it is best to discuss it with a qualified family law attorney.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.