AB 271

Under current law, when a court enters a judgment of annulment, divorce, or

legal separation, in addition to other specified circumstances, such as in a paternity

action, the court must order either or both parents of a minor child to pay an amount

that is reasonable or necessary to fulfill a duty to support the minor child. The court

must order that support be paid until the child is age 18, or age 19 if the child is

pursuing an accredited course of instruction leading to a high school diploma or its

equivalent. The amount of support that must be paid is determined by using a

percentage standard, which bases the amount on the payer's income and the number

of children to be supported. This amount may be modified, however, if the court

determines on the basis of a number of factors that using the percentage standard

would be unfair to either parent or the child.

This bill authorizes a court, in the same actions and circumstances under which

the court must order child support for a minor child, to order support for an adult

disabled child of the parties, for a definite or indefinite time, regardless of whether

the child is institutionalized. In addition, if the court orders support for a minor child

of the parties who is disabled, the court may order that the support be paid for a

definite or indefinite period after the child reaches the age at which support is

normally no longer required, regardless of whether the child is institutionalized. In

either case, the court must find that the child needs substantial care and supervision

because of a physical or mental disability; that the child is not and will not in the

future be capable of supporting himself or herself; and that the disability exists or

existed, or the cause of the disability is known to exist or to have existed before the

child's 18th birthday. The court must determine the support amount for an adult

disabled child in the same way that the court determines support for a minor child

and must designate the person to receive the support payments for an adult or minor

disabled child, which person may be the disabled child if he or she is at least age 18.

Under the bill, a court or court commissioner may make a temporary order

requiring either or both parents to make payments for the support of an adult

disabled child during the pendency of an action in which the court may order child

support for the adult disabled child. If a court orders child support for an adult

disabled child, the bill requires the court to assign responsibility for and direct the

manner of payment of health care expenses for the adult disabled child, which may

include requiring a parent to obtain family coverage that includes coverage for the

adult disabled child, if such coverage is available through the parent's employer. In

addition, in an action in which a court may order or modify child support for an adult

disabled child, the bill authorizes the court to require either or both parents to

participate in an employment or training program. Under current law, a court is

authorized or required to make these same orders when ordering child support for

a minor child.