Politzer

Plaintiff and appellant Jay Politzer appeals from a denial of a petition for a writ of mandate. The petition sought to prohibit respondent district attorney from attempting to collect child support from appellant on behalf of appellant’s 18-year-old son who was still in high school. Appellant contends that, once his son reached 18 years of age, he was entitled to a hearing pursuant to Civil Code section 196 et seq. 1 concerning further child support obligations. We disagree and therefore affirm.

Background

Orders arising out of appellant’s 1977 dissolution of marriage proceeding obligated appellant to pay $250 per month to the Santa Clara County Family Support Trustee on behalf of his minor son. According to the final judgment, the obligation’s duration was “until said child reaches the age of majority or further order of this court.” Appellant ceased making the payments when his son reached majority. Respondent demanded continued child support from appellant until appellant’s son graduates from high school or becomes 19 years of age. Appellant refused and instituted the within action.

Discussion

Section 196 provides that a father and mother have an equal…