In this case, the California Court of Appeal ruled in a child support case where the father requested termination of child support after his 18-year-old child was no longer a full-time student.
The court held that this was not a retroactive modification but rather a judicial determination, and the father was entitled to relief prior to the filing of his motion.
The court defined "full-time" based on the length of the school day designated by the governing board of the school in which the parent or legal guardian resides.
The court emphasized that courts should not be too rigid in applying the full-time standard, and gave guidance on how to apply the standard during summer vacation periods.
The court also clarified that the burden of proof was on the mother to show that the child was still a full-time student on remand.
It may be worth arguing burden shifting in situations where one party has all the knowledge and evidence regarding a particular fact.
![[D079801.PDF]]
Related:
* [[Cal. Fam. Code § 3901]]
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