If you’re like many California parents currently receiving child support, you’re probably already aware that court-ordered child support generally stops when the child turns 18. In the case of those still enrolled in high school full-time, California law stipulates that support continues until the child turns 19 or graduates, whichever happens first. However, the times we live in may have you wondering how you’re going to make ends meet after the child support ends. After all, 18 and 19-year-olds are rarely self-supporting, and your child may have aspirations of pursuing higher education. Fortunately, you aren’t without options. Here’s what you need to know:
You Can Petition the Court for Increased Spousal Support
After child support ends, you have a window of up to six months from when the support ends to petition the court for increased spousal support to compensate for the loss of income. The end of child support can be considered under California law to be a change in circumstances that the courts can use to justify increasing spousal support.
Although the termination of child support is a reason for the court to revisit the spousal support issue, there’s no guarantee that spousal support will be increased. Spousal support legally cannot be modified in specific situations, such as when a Marriage Settlement Agreement was put in place as part of the initial divorce agreement or a Stipulated Judgment that specifies what happens in the future when child support payments end.
What Is a “Change in Circumstances” in California Family Law?
According to California Family Code S4326, the end of child support payments qualifies as a material change in circumstances. This change gives you the right to request a modification of spousal support, but only if your divorce judgment allows for it.
Judges will evaluate:
- Whether the recipient spouse still requires financial support
- If the paying spouse can afford increased payments
- Changes in employment, income, or living expenses
- Educational or health-related needs of dependent children
Case Law Insight: In re Marriage of Smith
In the case of In re Marriage of Smith, the California Court of Appeal ruled that the end of child support constituted a significant enough change in financial circumstances to reopen a spousal support case. While every case is different, this highlights the importance of documenting your need clearly when requesting a modification.
Steps to Modify Spousal Support in California
If your child support has ended and you need additional financial assistance, follow these steps:
- Review your divorce decree for spousal support modification clauses.
- Consult a family law attorney to determine if you qualify for a post-judgment modification.
- File Form FL-300 (Request for Order) with the Superior Court in your county.
- Prepare your Income and Expense Declaration (Form FL-150).
- Serve your ex-spouse with the court documents.
- Attend your hearing and provide supporting documentation like pay stubs, expense sheets, or child-related costs.
Need help? View our Post-Judgment Modifications page for more details.
Consider Financial Planning After Child Support Ends
Without child support, your monthly income may decrease significantly. It’s wise to:
- Create a new monthly budget with your current income and expenses
- Explore college financial aid options if your child is pursuing higher education
- Speak with a family law financial advisor about tax implications and estate planning
We also recommend reading: What Happens Financially After Divorce?
Does California Require Parents to Pay for College?
No. California does not mandate post-secondary education support through child support laws. However, some parents include college cost-sharing agreements in their divorce decrees. Courts may view financial contributions toward education as part of a broader spousal support evaluation.
FAQ: What You Need to Know About Spousal Support After Child Support Ends
Can I modify spousal support after child support ends in California?
Yes. As long as your court order allows for it, you can file for a modification based on a change in circumstances.
What happens if I file too late?
You must act within six months of the child support ending. If you wait too long, the court may not accept your petition.
Can my ex contest my request for more support?
Yes. The other party can oppose the modification, and the judge will consider both arguments before making a decision.
Does remarriage affect my eligibility for spousal support?
If you remarry, your support may be terminated. If your ex remarries, it doesn’t automatically affect support obligations unless their financial situation changes significantly.
Can I include future college expenses in a spousal support request?
While not required by law, you can present your child’s ongoing educational needs as part of your overall financial situation. The court may take it into account when calculating support.
Why Trust MNB Law Group With Your Spousal Support Case?
At MNB Law Group, Inc., we bring decades of experience in handling complex post-divorce legal matters, including:
- Spousal support modifications
- Post-judgment motions
- Financial hardship filings
- College contribution strategies
We understand California family law inside and out, and we advocate for your financial future with precision and empathy.
Ready to Take Action? Free Consultation Available
You only have six months to act after child support ends. Don’t wait until your finances become overwhelming.
Call MNB Law Group today for a free consultation or schedule online. We’ll walk you through your legal options with no upfront risk.
