Marriage of Cecilia and David W.

Summary

Mother sought support for her 24-year-old son, who has Tourette's and ADHD, attends UCSD full time, and receives about $30,000 a year in financial aid. The trial court found him incapacitated partly because he could not work and attend school at once, and found insufficient means because his aid depended on enrollment and minimum wage work would not match his parents' standard of living. The Court of Appeal held those were the wrong tests: the questions are whether he cannot be self-supporting or find work for reasons beyond his control, and whether he is likely to become a public charge. It found no substantial evidence on either point, since his psychologist said he could work and no vocational evaluation was done. Reversed and remanded for the trial court to apply the correct standards.

What it means for the financial analysis

Earning capacity evidence decided this case, and the record had none. Here the psychologist was not a vocational expert, no job-market work was done, and the court said vocational evidence will likely be needed. If you work on an adult child support claim, the minimum wage floor, the child's actual job prospects, and any accommodations are the numbers that matter. Student aid of about $30,000 did not decide eligibility, though the court said it may be considered when setting the amount.

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