“The duty to support a minor child continues as to an unmarried child who has attained the age of 18 if the child is a full-time high school student and is not self-supporting. In this situation the duty to support continues until the child completes the 12th grade or attains the age of 19, whichever occurs first. [Fam. Code, § 3901, subd. (a)] This statute, being self-operative, authorizes the court to extend a parent’s support obligation in accordance with its terms without first holding a hearing. [Politzer v. Himmelsbach, 212 Cal. App. 3d 295, 260 Cal. Rptr. 450 (6th Dist. 1989)] The duty to support a child who is incapacitated from earning a living and without sufficient means does not terminate when the child reaches 18; the duty continues regardless of age. [Fam. Code, § 3910, subd. (a)] The duty to support may also continue past the age of majority by agreement of the parties. Thus, the parties may agree either to support an adult child or to continue the support of a minor after he or she has attained the age of 18. [Fam. Code, § 3587] And this ability to agree to continued support is not affected by the aforementioned provision relating to certain adult high school students. [Fam. Code, § 3901, subd. (b)]”
“The husband could not be required to support his adult child, in light of the statute providing that duty of child support continued as to an unmarried child until the time the child completed the 12th grade or attained 19 years of age. [In re Marriage of Maher & Strawn, 63 Cal. App. 5th 356, 277 Cal. Rptr. 3d 689, 389 Ed. Law Rep. 393 (4th Dist. 2021), review denied, (July 21, 2021)] A trial court cannot require either parent to pay for an adult child’s college education, in light of the statute providing that the duty of support continues as to an unmarried child until the time the child completes the 12th grade or attains 19 years of age. [In re Marriage of Maher & Strawn, 63 Cal. App. 5th 356, 277 Cal. Rptr. 3d 689, 389 Ed. Law Rep. 393 (4th Dist. 2021), review denied, (July 21, 2021)]”
[California Civil Practice Family Law Litigation [certain citations omitted]]
