Rebensdorf

The plaintiff, Ronald W. Rebensdorf II, brought an action against his father, Ronald W. Rebensdorf, seeking maintenance and support until he was graduated from high school.

Plaintiff’s mother and the defendant were divorced when plaintiff was 10 years old. Plaintiff’s mother received physical custody of the child. The judgment required defendant to support and maintain the plaintiff “until said minor attains the age of majority, marries, becomes self-supporting or until further order of a court of competent jurisdiction.” Defendant made month *141 ly payments of $180 until June of 1983. Plaintiff became 18 years old on May 24, 1983, when he was in his third year in high school.

Plaintiff repeated his first year in elementary school because of several moves made by the family. He therefore reached his majority one year before completing high school. Plaintiff earned between $30 and $40 a week from part-time jobs while in high school.

In his amended complaint, plaintiff claims: “Until such time as plaintiff is able to graduate from high school, he shall remain dependent upon his parents for his support, maintenance and education, in that he is a needy person unable and…

Although I agree with the desirability of providing a high school education to every person regardless of his or her age and strongly condemn any father *146 who would purposely deprive a son or daughter of a basic education by withholding support payments which would enable the child to complete high school, I submit the problem is for the Legislature and not the courts.

The Legislature has made its intent clear in the Uniform Civil Liability for Support Act (Civ. Code, § 241 et seq.). Civil Code section 241, subdivision (d) provides that “child” who is entitled to support under Civil Code section 242 means “a son or daughter under the age of 18 years and a son or daughter of whatever age who is incapacitated from earning a living and without sufficient means.” (Italics added.) As the learned trial judge found, appellant was not “incapacitated” from earning a living because of his need to finish his high school education. He could have quit school and presumably gone to work.

The majority uses Civil Code section 206 to impose liability on respondent to support his son during his final year in high school. This statute provides in pertinent part, “It is the duty of the father,…

HANSON (P.D.), J.

The plaintiff, Ronald W. Rebensdorf II, brought an action against his father, Ronald W. Rebensdorf, seeking maintenance and support until he was graduated from high school.

Plaintiff's mother and the defendant were divorced when plaintiff was 10 years old. Plaintiff's mother received physical custody of the child. The judgment required defendant to support and maintain the plaintiff "until said minor attains the age of majority, marries, becomes self-supporting or until further order of a court of competent jurisdiction." Defendant made monthly payments of $180 until June of 1983. Plaintiff became 18 years old on May 24, 1983, when he was in his third year in high school.

Plaintiff repeated his first year in elementary school because of several moves made by the family. He therefore reached his majority one year before completing high school. Plaintiff earned between $30 and $40 a week from part-time jobs while in high school.

In his amended complaint, plaintiff claims: "Until such time as plaintiff is able to graduate from high school, he shall remain dependent upon his parents for his support, maintenance and education, in that he is a needy person…