Support of a Minor Child in California

Division 9, Part 2, Chapter 1 of the Family Code concerns the duty of a parent to support a child. Article 1 deals with the support of a minor child.

Section 3900 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.

Section 3901 provides that the duty of support imposed continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.

Section 3902 allows the court to direct that an allowance be made to the parent of a child for whom support may be ordered out of the child’s property for the child’s past or future support, on conditions that are proper, if the direction is for the child’s benefit.

Article 2 deals with the support of an adult child. Section 3910 specifies that each parent of a child has an equal responsibility to maintain, to the extent of their ability, their child of whatever age who is incapacitated from earning a living and without sufficient means. The court may order that a support payment be paid to a special needs trust.

Article 3 deals with the support of a grandchild. Section 3930 specifies that a parent does not have the duty to support a child of the parent’s child.

Article 4 deals with liability to others who provide support for a child.

Section 3950 specifies that, if a parent neglects to provide articles necessary for the parent’s child who is under the charge of the parent, according to the circumstances of the parent, a third person may in good faith supply the necessaries and recover their reasonable value from the parent.

Section 3951 provides that a parent is not bound to compensate the other parent, or a relative, for the voluntary support of the parent’s child, without an agreement for compensation.

Section 3952 states that, if a parent chargeable with the support of a child dies leaving the child chargeable to the county or leaving the child confined in a state institution to be cared for in whole or in part at the expense of the state, and the parent leaves an estate sufficient for the child’s support, the supervisors of the county or the director of the state department having jurisdiction over the institution may claim provision for the child’s support from the parent’s estate.