Does Court Ordered Support continue if child enters Active Duty
Military Service – National Guard?
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A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:
(a) The person has entered into a valid marriage, whether or not the marriage has been dissolved.
(b) The person is on active duty with the armed forces of the United States.
(Does not affect Child Support Orders???)
ROTC is not active duty VA.Gov *
(c) The person has received a declaration of emancipation pursuant to Section 7122.
Explanation of Emancipation on CA Courts Self Help Site
Resources & Links
LawHelp.org just put in your Zip Code and click thru to Family Law – Then Emancipation, Teen Help, etc.
Emancipation Manual 77 Pages
EMANCIPATION OF MINORS LAW
GENERAL PROVISIONS …………………………… 7000-7002
EFFECT OF EMANCIPATION ……………………….. 7050-7052
COURT DECLARATION OF EMANCIPATION
General Provisions ………………………….. 7110-7111
Procedure for Declaration ……………………. 7120-7123
Voiding or Rescinding Declaration …………….. 7130-7135
Identification Cards and Information ………….. 7140-7143
CA Family Law Code
Support of Minor Child §3900 – 3902
§4007 (a) If a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized under Section 3901 or 3910, the obligation of the person ordered to pay support terminates on the happening of the contingency. The court may, in the original order for support, order the custodial parent or other person to whom payments are to be made to notify the person ordered to make the payments, or the person’s attorney of record, of the happening of the contingency.
***Might Active Duty Military Service be considered self supporting?
until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. (Court Self Help Site)
CA Family Law Code §3900. Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.
Does child support end when child enters the Military
No – Con
Induction of minor son into army did not constitute an emancipation which would relieve divorced father of his obligation to comply with court order for support of minor son, and, therefore, son, who was 17 years and four months old at time of father’s fatal injury, was child for whose maintenance father was legally liable at time of injury within Labor Code provision imposing, in such situation, conclusive presumption of dependency. (West’s Ann.Labor Code, § 3501; West’s Ann.Civ.Code, §§ 203, 204, 211).
enlisting in the armed forces does not constitute emancipation as to relieve Lawrence from the court’s previous order requiring him to pay child support. (Argonaut Ins. Exchange v. Kates (1955) 137 Cal.App.2d 158, 167 [289 P.2d 801].)
Yes – Pro
Child Support ends when child turns 18 and is not a full-time high school student, or turns 19, whichever occurs first. Farzad Law.com
How to modify a Child Support Order – Change of Circumstances?
Parents may agree to support a child longer. The court may also order that both parents continue to support a disabled adult child that is not self-supporting.
Father had duty of child support during several month-period while son was a minor and attending high school classes as foreign exchange student in Japan, even though son was physically living with Japanese surrogate parents and not with mother during this period, where mother nevertheless remained son’s sole legal and custodial parent and, accordingly, remained responsible for son’s care, welfare and education; mother’s responsibilities as custodial parent were not eliminated simply because she was required to monitor son’s welfare from a distance. Marriage of Hubner
Statute imposing duty on parent to continue supporting unmarried child who has attained age of 18 years, is a full-time high school student, and is not self- supporting, until child completes twelfth grade or attains age of 19 years, whichever comes first, does not require a supported child to demonstrate a good faith effort to graduate from high school as soon as possible, nor does it condition a parent’s duty of support on child’s participation only in those classes that propel her or him toward graduation at earliest possible date. In re Marriage of Hubner (App. 2 Dist. 2001) 114 Cal.Rptr.2d 646, 94 Cal.App.4th 175, Marriage of Utigard
Resources & Links
Armed Forces Tax Guide IRS Publication # 3
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