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luvmysarcasm · Mar 23, 2009, 05:43 PM

My mom and dad got divorced when I was about 6 in the state of CA and in the documents it states that my father has to pay child support till I am dead or married. I am 19, full time student, and he has stopped paying child support since I turned 18. I have never heard of anyone having to pay child support till the child is married so I was wondering if this is correct and if so can I collect for the months he has stopped payment. By the way, as a full time student I am living at home with my mom. Thank you.

ScottGem · Mar 23, 2009, 05:51 PM

If both parents agreed to it and it was affirmed by the court than its valid. Have your mother file in court to enforce the order.

cadillac59 · Mar 23, 2009, 11:11 PM

To properly answer the question I'd have to see the actual divorce decree because what you've described is extremely unusual. I've never seen that sort of thing myself.

FC 3901(b) appears to allow parents to agree to provide a term of support longer than the legal mandate under sub. (a) of that section, but I think I'd argue that even agreements under sub. (b) are modifiable. The child support guideline makes above-guideline agreements modifiable upon a showing of change of circumstances (COC) so I would think the same COC argument could apply to extended term agreements for support as well.

It's an interesting question and I've never heard of any case law directly addressing the issue off the top of my head. But to answer your question your custodial parent (not you) might be able to collect any arrears that have accrued to date.

ScottGem · Mar 24, 2009, 06:06 AM

Dad can't just stop paying on his own accord. If he thinks the support order invalid or he has a change in circumstance, he has to go to court and request a modification of the order. If he just stops paying, that's contempt of court and the court isn't going to like it.

On the other hand, he may have valid grounds for a modification, and a court may grant it. But neither he, nor you nor your mother will know until a court rules. So the next step is for your mother to file a petititon to enforce the order.

Fr_Chuck · Mar 24, 2009, 10:17 AM

First, he does not ever pay you, he would always pay mom.

I would assume the wording would be or should have been to legal age, or dead or married if that happens first.

If California requres payment though college.

But MOM has to take dad back tocourt if she feels he should still be paying