California Family Law Attorney

Child Support Orders Subject to Contingencies

Family Code section 4007 provides that where a court has issued specified child support orders subject to a contingency, like time or an event, upon the occurrence of the contingency the orders terminate and if the other parent collects money beyond the contingency, they must refund the monies. This is especially helpful where child support ends upon an event like graduating high school or turning 19 years of age, where the other parent wrongfully keeps collecting the money.

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CALIFORNIA CODES

COURT-ORDERED CHILD SUPPORT

Family Code Section 4007

(a) If a court orders a person to make specified payments for support of a child during the child's minority, or until the child is married or otherwise emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized under Section 3901 or 3910, the obligation of the person ordered to pay support terminates on the happening of the contingency. The court may, in the original order for support, order the custodial parent or other person to whom payments are to be made to notify the person ordered to make the payments, or the person's attorney of record, of the happening of the contingency.

(b) If the custodial parent or other person having physical custody of the child, to whom payments are to be made, fails to notify the person ordered to make the payments, or the attorney of record of the person ordered to make the payments, of the happening of the contingency and continues to accept support payments, the person shall refund all moneys received that accrued after the happening of the contingency, except that the overpayments shall first be applied to any support payments that are then in default.