The Evolution Of Child Support In California

No matter the circumstances, ending a marriage is never easy. If children are involved, it is typical for the court to order the payment of child support.  By statute, the court has jurisdiction to order child support until a child reaches the age of majority, emancipates, or attains age nineteen, if they are still enrolled in high school full-time. There are some exceptions to this rule, namely where an adult child has a disability that precludes them from becoming self-sufficient.

As an example, Mr. and Mrs. Jones (names have been changed for the privacy of the parties) entered into an agreement whereby Mr. Jones was to pay child support for the couple’s eleven year old daughter. The parties’ daughter had been previously diagnosed with autism. The order stated that Mr. Jones was to pay nearly $2,000.00 per month in support until their daughter married, died or until the parties were no longer legally obligated under the law.

Eight years after entering into the agreement, Mr. Jones sought to terminate his child support obligation because his daughter had attained the age of majority.

The trial court held that Mr. Jones was not relieved of his obligation because the Jones’ daughter met the requirements for adult child support under section 3910 of the California Family Code and the ongoing payment of child support posed no hardship to Mr. Jones.  California Family Code Section 3910 states “the father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.” In this case, a psychologist testified that the Jones’ daughter required around-the-clock care and would never be able to support herself financially.

 

Knowing the law and obtaining appropriate orders for the benefit of your children in a dissolution or paternity action is important! For more information on how to obtain or enforce an existing child support order,  contact the experts at the Beringer Law Firm today. 

Let The Experts At Beringer Law Help You Navigate The Waters Of Divorce

family-law-300x199One of the most emotionally stressful times of anyone’s life is when they have to go through a divorce.  Unfortunately, in the world we live in today, they are more and more common, which means more and more people have to go through this traumatizing event. For many people going through a divorce, no matter how amicable the separation may be, is an extremely emotional and physically draining experience.  The stress of getting a divorce can become even more daunting when children are involved.  At The Beringer Law Firm, our team of family lawyers are dedicated to assisting clients as they navigate difficult legal matters.

Having a great divorce lawyer, with experience and composure, will help you ensure that you get the best result from your case and that the situation is resolved in the quickest manner possible. As an experienced family law attorney, Samin Vali Beringer and her team of legal professionals will use their expertise to find a solution to your legal troubles.

Our legal team handles cases involving:
Divorce & Annulments-  Let our State Bar of California Certified Family Law Attorneys  assist you in your divorce, separation, or annulment action

Child Support and Custody- Experience and knowledge make a difference in custody and child support matters. Let our custody lawyers help protect and maximize your time and relationship with your children.
Premarital & Postmarital Agreements- Our family law attorney can help you draft an enforceable pre-marital or post-marital agreement to protect your assets and identify individual obligation

…and much more.

 

To learn more about our services and how we may be able to help you find fair resolution to your situation. Give us a call at 760-579-7375 to schedule a consultation.

The Beringer Law Firm is pleased to announce that we have been awarded the 2013 Avvo.com Client’s Choice Award! Please check out our great reviews on Avvo.com or click on the Client’s Choice icon on our testimonials page.

http://beringerlaw.com/coming-soon/

Avvo.com Clients’ Choice Award

The Beringer Law Firm is pleased to announce that we have been awarded the 2013 Avvo.com Clients’ Choice Award! Check out our great reviews by going to Avvo.com or by clicking on the Clients’ Choice Badge on our testimonials page.