Vacaville, CA asked in Child Support for California

Q: My wife is collect CS from hers sons dad. He'll be 18 in a few mons and wants to move in. Can his dad file to collect CS

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Probably not, but possible. Two things: (1) child support generally ends either at age 18 or, if the child is still in high school at age 18, then either 19 or high school graduation, whichever is earlier. If the child turns 18 in a few months, child support in general may be ending, depending on high school status, birthdate, etc.

(2) Assuming child support didn't end at 18, for some reason, if the son lives with your wife, it is possible that your wife might have to pay support to dad, but that's a rare case. What I would expect as more likely is that because the child lives with mom fulltime, the other parent's child support obligation goes up. Thus, dad in your situation would need to pay child support, not collect it.

Child support is a complicated topic, though. The actual incomes and tax information for your wife and the dad may make it so that your wife would have to pay child support to dad even though the son lived with her fulltime.

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