Edwards

Oscar L. Edwards (Oscar) appeals a postjudgment order denying his motion to terminate child support or to reduce it to zero based on a change of circumstances. In response to Oscar’s motion, the trial court reduced child support for his adult son, Oscar Jr., from $700 per month to $432 per month, pursuant to the statewide uniform guideline for determining child support. (Earn. Code, § 4055.)

The essential issue presented is the applicability of the statutory support guideline to a competent adult child who has moved away to college.

We conclude that in these circumstances, where neither parent retains “primary physical responsibility” (§ 4055, subd. (b)(1)(D)) for the adult child for any percentage of time, the guideline formula, by its terms, is inapplicable. Stated another way, application of the guideline formula “would be unjust or inappropriate” under the particular circumstances of this case. (§ 4057, subd. (b)(5).) Therefore, the order is reversed with directions.

FACTUAL AND PROCEDURAL BACKGROUND

Oscar and his former spouse, Sharon R. Edwards (Sharon) were married in 1982, had a son in 1984, and were separated in 1986.

1. The provisions for extended child…