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Is Adult Child Support Available in California?

Posted By Castellanos & Associates, APLC || 21-Sep-2015

Child support is calculated by considering the income/earnings of both parents and the custodial “timeshare” each parent spends with the child, among other factors. In California, child support generally lasts until the age of 18 (or 19 if still a full-time high school student). Thereafter, child support automatically ends.

However, when there is a child over the age of 18 who is incapacitated and cannot earn a living on his/her own, adult child support is available.

Calculating adult child support is a trickier topic. California Courts will generally follow Family Code § 3910 which states that the father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.

Thus, in calculating adult child support, the Court will look to several factors. One factor is each parent’s ability to share equal responsibility for the child. Another factor is the extent of the Child’s incapacity, including mental and/or physical incapacity. Similarly, the Court will then consider the ability of the child to earn a living. If the Court is satisfied that these factors make an Adult Child Support order necessary, then further analysis on a case-by-case basis will help determine the amount of the Support each parent should be responsible for paying.

If you are taking care of a child over the age of 18 that is medically declared to be incapacitated from earning a living, then you may qualify to receive adult child support from the other parent. If you need assistance in obtaining such an order, please contact a child support attorney from Castellanos & Associates, APLC at (323) 655-2105. We offer a FREE initial consultation. Your consultation is always kept confidential and we will help protect you and your rights.

Categories: Child Support, Family Law

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