Can a husband ignore his responsibility to pay child support in the event of a divorce?
Full Question:
I am getting a divorce from my husband has been cheating on me with his colleague at work. We have been married for almost 15 years now. We a daughter and son aged 14 and 12 respectively. He is not interested in getting custody of the children. When he got to know that I am ending the marriage, he said he wouldn't pay a penny out of his pocket as child support. Can he ignore his responsibility as their biological father? Until what age are my children eligible for child support from him?
11/16/2016 |
Category: Divorce ยป Child Support |
State: California |
#26816
Answer:
In California, this aspect is covered by Cal Fam Code § 3900 which states that "...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." Furthermore, in Cal Fam Code § 3901, it is stated as follows:
“(a) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.”
Although, filing for child support might complicate matters. Your husband who is now not interested in getting custody might be filing for custody or visitation rights in the final divorce settlement. He might use that as a bargaining chip to reduce the amount of child support. Even if that is the situation, the court mostly adheres to the guidelines of the Family Code Section §4053 which primarily takes the welfare of the children into account.
