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.