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Asked 10/29/2009

My 16 yr old ran away from home for 3 wks in Oct. My husband did not pay support for Oct.

A friend told me that in California child support does not stop even though the child runs away. Child support was ordered by the court. Is my friends information correct?

 
 
 
 
 
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Answer 1/2 - Submitted 10/30/2009

A child support order can only be changed by a judge. Your husband's obligation does not stop just because your 16 year old ran away.

What your husband can do is go back to family court and ask a judge to suspend the child support during the time your 16 year old does not live with you. But this does not happen automatically, so if you husband does not go back to court, the existing order remains valid.

 
 

Answer 2/2 - Submitted 11/2/2009

The court is not going to stop the child support order, even if you file a motion, the child support has to be paid until the child is 18 years old. What the non-custodial parent can do is file a motin asking the court for custody of the child, if the mother cannot find a solution so that the child will not run away, also when a child runs away the police should be notified. If the state ends up taking the child away and putting the child in a foster home hen the non-cstodial can file and ask te court to drop the child support payments, but if the state gts involved, then they will go after both parents for child support, and believe me it will be much than what the non-custodial parent is ordered to pay now. The mother is not going to just keep recieving child support for a child that does not reside with her, the father needs to file for custody and then the child support order would be stopped, this may be what the child needs a firmer hand to guide him in the right direction, I have no ideal what the promblem is that the child ran away, but there is a promblem and needs to be corrected.

 
 
 
 
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