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California Court Forms

Warning: This information may not apply to your situation and it is NOT legal advice.  Please talk to a lawyer about your case.

3900.  Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances.

3901.  (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.
 

When does court-ordered child support end?
Court-ordered child support usually ends when the child:

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marries,

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dies,

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is emancipated,

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Court-ordered child support survives emancipation of child, unless order so provides. In re Marriage of Gregory (App. 1 Dist. 1991) 281 Cal.Rptr. 188, 230 Cal.App.3d 112.

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Military Service does not constitute emancipation for ending support - see cases below
 

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turns 18 and is not a full-time high school student, or

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turns 19,

whichever occurs first.

Parents may agree to support a child longer. The court may also order that both parents continue to support a disabled adult child that is not self-supporting.

Source Court Self Help Site

Argonaut Ins. Exchange v. Kates, 289 P.2d 801
Cal.App.1.Dist.,1955
Induction of minor son into army did not constitute an emancipation which would relieve divorced father of his obligation to comply with court order for support of minor son, and, therefore, son, who was 17 years and four months old at time of father's fatal injury, was child for whose maintenance father was legally liable at time of injury within Labor Code provision imposing, in such situation, conclusive presumption of dependency. West's Ann.Labor Code, § 3501; West's Ann.Civ.Code, §§ 203, 204, 211.
 

Mary Lou correctly asserts the mere fact that Lawrence, Jr., enlisted in the armed forces does not constitute emancipation as to relieve Lawrence from the court's previous order requiring him to pay child support. (See *145 Argonaut Ins. Exchange v. Kates (1955) 137 Cal.App.2d 158, 167 [289 P.2d 801].)

In re Marriage of Utigard
126 Cal.App.3d 133
Cal.App.3.Dist.,1981.
Nov 25, 1981.

Father had duty of child support during several month-period while son was a minor and attending high school classes as foreign exchange student in Japan, even though son was physically living with Japanese surrogate parents and not with mother during this period, where mother nevertheless remained son's sole legal and custodial parent and, accordingly, remained responsible for son's care, welfare and education; mother's responsibilities as custodial parent were not eliminated simply because she was required to monitor son's welfare from a distance. In re Marriage of Hubner (App. 2 Dist. 2004) 22 Cal.Rptr.3d 549, 124 Cal.App.4th 1082

Statute imposing duty on parent to continue supporting unmarried child who has attained age of 18 years, is a full-time high school student, and is not self- supporting, until child completes twelfth grade or attains age of 19 years, whichever comes first, does not require a supported child to demonstrate a good faith effort to graduate from high school as soon as possible, nor does it condition a parent's duty of support on child's participation only in those classes that propel her or him toward graduation at earliest possible date. In re Marriage of Hubner (App. 2 Dist. 2001) 114 Cal.Rptr.2d 646, 94 Cal.App.4th 175,

Emancipation

 

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Armed Forces Tax Guide for 2003

 

CHSPE Military Service Health Insurance Order

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