Modification of Child Support -
California Family Code Section 3651(a)
(a) Except as provided in subdivisions (c) and (d) and
subject to Article 3 (commencing with Section 3680) and
Sections 3552, 3587, and 4004, a support order may be
modified or terminated at any time as the court determines
to be necessary.
Adult Children - California
Family Code Section 3901
"(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.
(b) Nothing in this section limits a parent's ability to
agree to provide additional support or the court's power
to inquire whether an agreement to provide additional
support has been made."
Income of New Wife or Husband
- California Family Code Section 4057.5
(a)(1) The income of the obligor parent's
subsequent spouse or nonmarital partner shall not be
considered when determining or modifying child
support, except in an extraordinary case where
excluding that income would lead to extreme and severe
hardship to any child subject to the child support
award, in which case the court shall also consider
whether including that income would lead to extreme
and severe hardship to any child supported by the
obligor or by the obligor's subsequent spouse or
nonmarital partner.
(2) The income of the obligee
parent's subsequent spouse or
nonmarital partner shall not be
considered when determining or
modifying child support, except in
an extraordinary case where
excluding that income would lead to
extreme and severe hardship to any
child subject to the child support
award, in which case the court shall
also consider whether including that
income would lead to extreme and
severe hardship to any child
supported by the obligee or by the
obligee's subsequent spouse or
nonmarital partner.
(b) For purposes of this
section, an extraordinary case may
include a parent who voluntarily or
intentionally quits work or reduces
income, or who intentionally remains
unemployed or underemployed and
relies on a subsequent spouse's
income.
(c) If any portion of the income
of either parent's subsequent spouse
or nonmarital partner is allowed to
be considered pursuant to this
section, discovery for the purposes
of determining income shall be based
on W2 and 1099 income tax forms,
except where the court determines
that application would be unjust or
inappropriate.
(d) If any portion of the income
of either parent's subsequent spouse
or nonmarital partner is allowed to
be considered pursuant to this
section, the court shall allow a
hardship deduction based on the
minimum living expenses for one or
more stepchildren of the party
subject to the order.
(e) The enactment of this
section constitutes cause to bring
an action for modification of a
child support order entered prior to
the operative date of this section.
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