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What is the duration to support a minor child in California?

What is the duration to support a minor child in California?

Q: What do you call a child from a previous marriage?

A child from a previous marriage is often referred to as a 'stepchild' if they are part of a blended family. However, legally, they are still considered the biological child of their parents, regardless of the marital status of those parents.

Q: Am I entitled to my ex-spouse's inheritance?

In California, generally, you are not entitled to your ex-spouse's inheritance unless it was specifically included in a divorce settlement or agreement. Inheritance is typically considered separate property. For detailed advice, consult a family law attorney.

Q: Can a child born out of wedlock inherit?

Yes, in California, a child born out of wedlock has the right to inherit from their biological parents. This right is the same as for children born within marriage, provided paternity is established. Consult with a family law attorney for specific circumstances.

Q: What are the disadvantages of second marriage?

Disadvantages of a second marriage can include complex family dynamics, potential conflicts over child support and custody, and financial complications such as dividing assets from previous marriages. It's important to discuss these issues with a family law attorney to understand your rights and obligations.

Full question:

I've provided support to my daughter born out of my first marriage for the last 18 years. I have two children from my second marriage. Can I stop supporting my daughter from first marriage as she is now 18 years old? What is the duration to support a minor child in California?

Category: Minors
Date: 04/07/2025
State: California

Answer:

In California, a parent of a minor child has a duty to continue providing support to his or her unmarried child until the child completes the 12th grade or attains the age of 19 years, whichever comes first. Therefore, you may have to continue providing child support to your daughter born from first marriage until she attains 19 years or complete the 12th grade, whichever happens first. The relevant statute is Fam. Code, § 3901(a).

Fam. Code, § 3901(a) states:

"(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."

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.

FAQs

What is the latest Supreme Court judgement on second marriage?

The Supreme Court does not specifically rule on second marriages as a legal category. However, family law cases often involve issues related to divorce, custody, and support that can affect second marriages. It's essential to consult a family law attorney for guidance on how such cases may impact your situation.

Are children from previous marriage entitled to inheritance?

In California, children from a previous marriage are generally entitled to inherit from their parents unless a will states otherwise. If a parent dies without a will, California's intestacy laws ensure that all children, regardless of the marriage, have a right to inherit. Consult an estate planning attorney for specific advice.