The purpose of Child Support is to provide for a child’s basic needs and ensure that both parents contribute a fair share to the child’s financial support, even after separating or divorcing. Parents have a legal duty to help cover the costs of raising their children to the best of their ability and as such, Courts all over the country have adopted significant laws that impact the way the Court system settles child support.
In California, the general rule pursuant to Family Code § 4053 “a parent’s first obligation is to support their minor children, and that each parent should pay according to their ability”. Moreover, pursuant to Family Code §3402 “a minor is defined as someone under 18 years of age”. Here, in California, the formula to calculate guideline support is a complex mathematical formula, whereas custodial timeshare and income of each parent are considered. As of September 1, 2024, the guideline equation has been updated and may increase and/or decrease your obligations to pay support.
So, does this mean a parent stops paying child support after their child turns 18?
Not necessarily. A party can agree to continue support past the age of majority. However, the general rule in California is that child support shall continue until the child graduates from high school or turns 19, whichever comes first. So, because of this rule, some parents may find themselves paying support past the age of majority.
As infamously known, Britney Spears has two (2) children with her ex-husband Kevin Federline; son Sean, who turned 19 on September 14, and son Jayden who recently turned 18 on September 12. However, despite both children being over the age of 18, Britney is still required under California law to pay for child support to her ex-husband, Kevin Federline.
When Britney Spears and Kevin Federline divorced in 2007, in the Parties’ divorce settlement, the Parties agreed that child support payments would cease on Jayden’s 18th birthday OR when he graduated high school, whichever is later.
In the original order, Britney Spears was ordered to pay $20,000 per month. However, in 2018, the Court ordered an increase in child support to $40,000/month totaling $480,000 per year. Since then, Britney Spears has been paying Kevin Federline $40,000 a month in child support and wants to continue to support her children in every way possible.
In the case of Britney Spears, while Jayden has officially turned 18, pursuant to California Law, he has not graduated high school, therefore, Brittany Spears still must pay child support to Kevin Federline. She will be required to pay child support until Jayden graduates high school.
Under California Law, a parent can be required to pay child support past their child’s 18th birthday, if the child is still in high school. However, child support payments shall cease when the child turns 19, regardless of school enrollment. This means that Britney will be officially done paying child support in November of this year.
While some parents feel that this is a punishment for continued support, it is always in the best interest and required under California Law for parents to fully support their children to the best of their ability. It is always in the best interest of the children to be able to live a similar lifestyle between homes, so if one parent makes substantially more than the other, regardless of timeshare, the higher earner will likely have to pay some support to ensure that both parties can care for their children at the same or similar standards.
All in all, it is not shocking or unheard of that Britney Spears will continue to pay support until high school graduation; it is a requirement under California Law and while, yes the amount seems jarring, in that she is required to pay $40,000 per month, there is also the law that states that your children should benefit from your lifestyle the same or similar as you would. Again, it all comes down to the guideline calculation, if you are an exuberant earner, you should expect to pay a similar amount. This is not to be seen as a punishment, although, it is hard to wrap your head around your children needing $480,000 per year for support, it is based on the lifestyle that your children become accustomed to. If you live a lavish lifestyle, the Family Code states that your children should also be afforded the benefit of living a lavish lifestyle.
The guideline child support calculation is a complex, detailed calculation that considers many factors. Our experienced family law attorneys at Butler Law, PC can help you through the complicated and often stressful process of requesting, responding to, or modifying a child support order.