| Determining a parent's obligation to support | | | | child, which is a significant factor in |
| a child in California is pretty cut and dry | | | | California, as the amount of time a parent |
| in most cases. However, as the parties in a | | | | has responsibility for a child impacts the |
| recent published case learned, determining a | | | | amount of child support to be paid. |
| parent's obligation to pay child support for | | | | Obviously, the lower court had bought into |
| an adult child will usually depend on the | | | | mother's argument that she had primary care |
| particular facts of the case. | | | | and responsibility of the adult child. |
| | | | |
| In Marriage of Edwards, a family court | | | | Fortunately for the father, the Court of |
| determined that a father's obligation to pay | | | | Appeal was not persuaded by mom's argument, |
| support to his ex-wife continued, even though | | | | and reversed the lower court's decision to |
| the child was an adult and was attending a | | | | order guideline child support. The Court of |
| state university. The parties had previously | | | | Appeal agreed held that ordering guideline |
| stipulated that the father would continue to | | | | child support under the circumstances would |
| pay child support after the child became an | | | | be unjust and inappropriate. Furthermore, |
| adult and agreed to split the child's college | | | | based on the facts presented, the court |
| tuition. Under California law, the father's | | | | specifically found that the adult child was |
| obligation to pay child support would have | | | | not in the mother's primary care and |
| ended when their son attained the age of 18 | | | | responsibility. |
| and graduated high school. But for reasons | | | | |
| not mentioned within the decision, he agreed | | | | In rendering its' decision, the Court |
| to pay child support until their son reached | | | | distinguished the case of In Re Marriage of |
| the age of 25. | | | | Drake (1997) 53 Cal.App.4th 1139 where the |
| | | | guideline formula was applicable to child |
| Several years after entering into the | | | | support for a mentally incapacitated adult |
| agreement, the father filed an Order to Show | | | | child whose mother took full responsibility |
| Cause for modification of the child support | | | | for his situation and care. |
| order, arguing that it was unjust and | | | | |
| inappropriate for him to continue to have to | | | | An obvious lesson from this case is that the |
| pay support, since he had a significant | | | | court will look to the parent who has |
| decrease in income and the child was not | | | | responsibility of the child in determining |
| living with the mother. Furthermore, the | | | | the child's custodial parent. In a case |
| father argued that the child was not longer | | | | where the child is an adult it is possible |
| in the care and custody of the mother, since | | | | that neither parent may qualify. |
| he lived at the university and had received a | | | | |
| sizeable financial aid packet from the state. | | | | This case is also an eye opener to those who |
| | | | enter into agreements for the continued |
| Mother, on the other hand, argued that their | | | | support of an adult child. We can see how a |
| adult son was still within her primary care, | | | | parent may get off of the hook by filing a |
| given that the son's "stuff" was still at her | | | | modification of child support, when it |
| house, he used the house to receive mail, he | | | | becomes apparent that the other parent is no |
| listed the house as his address to the | | | | longer responsible for the child. In other |
| university, and he came home for extended | | | | words, these types of stipulations and orders |
| visits during the school's breaks. | | | | may be more modifiable then what we |
| Consequently, the mother argued that it was | | | | previously imagined. Thus, parties should be |
| not unjust or inappropriate for the court to | | | | careful not to bargain away significant |
| order the father to continue to pay guideline | | | | rights on behalf of continued support of an |
| child support. | | | | adult child. |
| | | | |
| The family court agreed with the mother and | | | | On the other hand, the fact that the adult |
| refused to depart from the guideline formula | | | | child attends college does not mean that an |
| for calculating child support. The lower | | | | order will not be enforceable. In a case |
| court found that there was no change of | | | | where the adult child continues to live with |
| circumstances, warranting a departure from | | | | a parent, while attending a local college, |
| the guideline formula. The court proceeded | | | | the parent is still primarily responsible for |
| to calculate child support based on the | | | | the child, and the court would probably |
| guideline formula and lowered the child | | | | enforce the type of stipulation entered into |
| support payment, based on father's decreased | | | | by Mr. and Ms. Edwards. |
| income. However, the court granted the | | | | |
| mother 100 percent timeshare of the adult | | | | Law Offices of Donald P. |