Several specific child support questions come up repeatedly in California family law: does child support automatically stop at 18 in california, is child support taxable in california, is there a statute of limitations on child support, and how to get off child support. This page addresses each directly.
Does Child Support Automatically Stop at 18 in California?
Does child support automatically stop at 18 in california? Not always — and this surprises many parents. California Family Code section 3901 provides that child support continues until the child turns 18, OR until the child graduates from high school — whichever is later, but not beyond age 19. So if your child turns 18 in January but does not graduate until June, support continues through June. Does child support automatically stop at 18 in california when the child drops out of school? Yes — if the child is not a full-time high school student at age 18, support ends at 18. Support can also continue beyond 19 for a child who is disabled and incapable of self-support.
Is Child Support Taxable in California?
Is child support taxable in california? No — child support is never taxable income to the recipient and never deductible by the paying parent, regardless of when the agreement was signed or which tax year applies. This is a federal rule that California follows. Child support payments are treated as a transfer between parents, not income.
Statute of Limitations on Child Support
Is there a statute of limitations on child support in California? For collecting unpaid child support arrears, there is effectively no statute of limitations — arrears can be collected indefinitely. However, the right to enforce a child support judgment may be subject to a 10-year renewal requirement for certain enforcement mechanisms. How to get off child support: file a motion to terminate support in family court when the child reaches the termination age, completes high school, marries, joins the military, or is legally emancipated. The obligation does not terminate automatically in most cases — a court order is required. Furubotten Law, APC handles child support modification and termination throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.