CHILD SUPPORT

  I. PERSONS SUBJECT TO SUPPORT ORDER AND CHILDREN FOR WHOM SUPPORT MAY BE ORDERED

                     A. Parents

                     1. Support Duty for Minor Children

§1.1            a.  Nature and Extent of Duty

By statute, both parents of a minor child (i.e., a child under age 18 (Fam C §6500)) have a duty to support that child. Fam C §3900. This duty is equal, joint, and several. Fam C §3900. Not even a judgment imposing that obligation solely on one of the parents will abrogate the duty of the other parent to provide child support. Carr v Marshmann (1983) 147 CA3d 1117, 1121, disapproved on other grounds as stated in Marriage of Comer (1996) 14 C4th 504, 515.

This support duty extends to a child who has been adopted, because once adoption takes place, the adopting parents and child or children are in the legal relationship of parent and child, and have all the rights and are subject to all the duties of that relationship. Fam C §8616; Marriage of Ayo (1987) 190 CA3d 442, 446. See §1.61.

The marital status of a child’s parents does not affect their support duty. See Fam C §3900; Prob C §6450(a). Therefore, parentage of a child is a key determinant of who bears a child support obligation. See §1.10.

On support for a child who has reached the age of 18 but who is still a full-time high school student, see §1.6.

The F.M. Zavala Law Firm, Inc. (661) 753-3534

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