Full question:
I am getting a divorce from my husband has been cheating on me with his colleague at work. We have been married for almost 15 years now. We a daughter and son aged 14 and 12 respectively. He is not interested in getting custody of the children. When he got to know that I am ending the marriage, he said he wouldn't pay a penny out of his pocket as child support. Can he ignore his responsibility as their biological father? Until what age are my children eligible for child support from him?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: California
Answer:
Child support is determined by the court based on the necessary expenses for a child's living and medical needs. Both parents have a legal obligation to support their children financially.
In California, this obligation is outlined in Cal Fam Code § 3900, stating that both parents share equal responsibility for their child's support. According to Cal Fam Code § 3901, this duty continues for an unmarried child who is under eighteen, a full-time high school student, and not self-supporting, until they finish the 12th grade or turn nineteen, whichever comes first.
Your husband may not be interested in custody, but he could still seek custody or visitation rights during the divorce process. He might use this as leverage to negotiate a lower child support amount. However, the court typically prioritizes the children's welfare, following the guidelines of Family Code § 4053.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.