Reseda, CA asked in Child Support for California

Q: If a 17 year old left home and is currently living with a friend, should the child get the child support or does it stop

Parent was receiving child support but the child moved in with a friend due to a disagreement. The ex who was paying child support stopped payment. Does the child support stop or should it go to the child directly?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, child support is typically paid to the custodial parent, not directly to the child. When a child moves out of the custodial parent's home, the situation becomes more complex and depends on the specific circumstances.

Here are a few key points to consider:

1. Emancipation: If the 17-year-old has become emancipated, either through a court order or by getting married, the child support obligation may terminate.

2. Voluntary abandonment: If the child voluntarily abandons the custodial parent's home without good cause, the court may determine that the custodial parent is no longer required to support the child, and the non-custodial parent's child support obligation could be terminated or modified.

3. Temporary absence: If the child's absence is temporary and they intend to return to the custodial parent's home, the child support obligation may continue.

4. Change in custody: If the child's living situation with the friend is permanent, it may be considered a change in custody. In this case, the parents may need to seek a modification of the child support order through the court.

In general, child support does not automatically stop or transfer to the child when they move out of the custodial parent's home. The parents should consult with the court or a family law attorney to determine the best course of action based on their specific situation. The court will consider the child's best interests and may modify the child support order accordingly.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: The parent or legal guardian is entitled to the child support payments until the court decides otherwise. The payments will neither stop nor be paid to the child.

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