Schopfer

Following the death of his ex-wife, William C. Schopfer (father) shared custody of his daughter, Jennifer, with her stepfather, Daniel C. Bonebrake (stepfather). Pursuant to a court order, father also paid stepfather $900 each month in child support. Four months before Jennifer was expected to graduate from high school, however, and a month before she was to turn 18, father moved to reduce his child support obligation to zero. The trial court denied his motion.

On appeal, father contends the trial court erred in denying his request to modify support because under subdivision (a) of Family Code section 3951 1 and Plumas County Dept. of Child Support Services v. Rodriquez (2008) 161 Cal.App.4th 1021 [ 76 Cal.Rptr.3d 1 ] (Rodriquez), “the court lacked authority, as a matter of law, to [order] third party support absent an express agreement.” Father also contends that because Jennifer was no longer a minor, neither he nor stepfather had “primary physical responsibility” for her for any period of time and therefore, under Edwards v. Edwards (2008) 162 Cal.App.4th 136 [ 75 Cal.Rptr.3d 458 ] (Edwards), it was error for the trial court to “maintain the previous guideline support…