In Re Marriage of Serna

The Family Code is clear that child support ends, at the latest, at age 19. The only exception is in the case of an adult child who is incapacitated from earning a living and is without sufficient Accordingly, in In re Marriage of Chandler (1997) 60 Cal.App.4th 124 [ 70 Cal.Rptr.2d 109 ], this court held that a trial court did not have jurisdiction in a very high income case to order the establishment of a trust that allowed surplus child support to be saved for the minor child’s college education. “[A]bsent special circumstances such as completing high school or incapacity,” wrote Justice Rylaarsdam for the majority, “a court has no authority to order a parent to support an adult child.” {Id. at p. 130.)

However, two Court of Appeal decisions, one from the early 1970’s, In re Marriage of Siegel (1972) 26 Cal.App.3d 88 [ 102 Cal.Rptr. 613 ], and one from the mid-1980’s, In re Marriage of Paul (1985) 173 Cal.App.3d 913, 918-921 [ 219 Cal.Rptr. 318 , 63 A.L.R.4th 427 ], had previously circumvented the no-support-for-an-adult-child rule by allowing, as one consideration in a spousal support order, the fact that the supported spouse was supporting an able-bodied adult child.…