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Child Support with 18 year olds.

If you have a child or children of the marriage/partnership who is/are now 18, there is one more factor you should be aware of regarding the age of children of the marriage/partnership – as it relates to child support.

To take into account the fact that many 18 year olds are still in high school and residing at home, the duration of the child support obligation has been extended slightly in such cases to support a child beyond the normal Family Code 6500 definition of minority.

For child support purposes only, a child of the marriage/partnership who is entitled to support is one who, pursuant to Family Code 3901, is either less than 18 years old OR is less than 19 years old AND unmarried AND is a full time high school student AND is not self supporting. It is possible under these circumstances to have an adult child support order.

So listed here, along with minor children of the marriage/partnership, are any living children of the marriage/partnership who are between their 18th and 19th birthdays. Any such child of the marriage/partnership will not be listed on your divorce Petition for purposes of custody and visitation, but if that child will still be an 18-year old un-emancipated full time high school student on the date on which the Judge will sign your divorce judgment, it will be listed in the divorce judgment for purposes of child support only.

That will also apply to any minor child who is under 18 and listed on your Petition at the time of filing but who later becomes an un-emancipated 18 year old full time high school student before the Judge gets to sign your judgment.