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 decided by the court on the basis of ongoing monetary expenditures and payments necessary to cover a child’s living and medical expenses. The parents have a legal duty to provide financial support for their children. The court may order either or both parent to cover a child’s living and medical expenses.In California, this aspect is covered by Cal Fam Code § 3900 which states that "...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." Furthermore, in Cal Fam Code § 3901, it is stated as follows:
“(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.”
Although, filing for child support might complicate matters. Your husband who is now not interested in getting custody might be filing for custody or visitation rights in the final divorce settlement. He might use that as a bargaining chip to reduce the amount of child support. Even if that is the situation, the court mostly adheres to the guidelines of the Family Code Section §4053 which primarily takes the welfare of the children into account.
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.
