Home > Legal > Questions & Answers > Child Support > Under California child support laws is a parent still required to pay child support if the minor child has a child of her own?
Under California child support laws is a parent still required to pay child support if the minor child has a child of her own?
In California, child support is owed until the child turns 18 years of age and has graduated from high school, or 19 year old, if continuously enrolled. This language is typically included in most orders. Support orders do not termate by operation of law unless the above conditions are satisfied. However, see Fam.C. Section 7050 ("An emancipated minor shall be considered as being an adult for the following purposes....(a) The minor's right ot support by the minor's parents." See Fam.C. 7002 for what conditions result in the emancipation of a child. Please do not rely solely on this information. You should consult with an attorney before proceeding.
In the court order if it states that the mother is to be paid the child support that who gets it . A modification has to be sent to the court if the child is living somewhere else and the person who is providing the support should be able to get it.
Once the order is modified, he would no longer have to pay child support to the mother, as the other posters have said. However, I would think he would want to provide some support to the 15 year old child who is now raising his grandchild. The law cannot dictate to all ethics, but for the sake of the 15 year old and his/her child, both parents should help to the extent they are capable.
