California Family Code § 3900: Parental Duty to Support Minor Children

Plain-Language Summary

California Family Code § 3900 imposes a baseline rule: both parents share an equal responsibility to support their minor child “in the manner suitable to the child’s circumstances.” It applies regardless of marital status. The section establishes the duty; separate provisions (e.g., the statewide guideline) determine the dollar amount and mechanics of a support order. Section 3901 sets the ordinary endpoint (generally through high school and not past age 19), while other statutes address special situations (for example, termination of parental rights or support for incapacitated adult children under § 3910).

Real-World Examples

  • Either parent can be ordered to pay support: Because the duty is “equal,” a parent with higher income can be ordered to pay guideline support to the other parent who has primary care of the child.
  • Duty exists even if parents never married: A parentage action can be used to establish legal parentage and impose a support order reflecting the § 3900 duty.
  • Termination of parental rights ends the duty: When a court terminates parental rights, the support duty tied to “their child” ends going forward (arrears accrued before termination are still collectible unless otherwise provided by law).
  • Parents cannot waive a child’s right to support: Private agreements cannot eliminate a child’s entitlement to support; courts will not enforce a waiver that contradicts the child’s interests.
  • Duration usually ends at age 18/19: § 3901 generally extends the § 3900 duty through completion of 12th grade (and not past age 19) for an unmarried, non-self-supporting child; different rules apply to incapacitated adult children under § 3910.

Published Case Law on § 3900

  • County of Orange v. Rosales (Cal. Ct. App. 2002) – The court explained that § 3601 child-support orders continue until they terminate “by operation of law,” including under § 3900. Because parental rights had been terminated, the support duty tied to “their child” had ended, which affected whether the pending case could be dismissed under the five-year rule.
  • County of Ventura v. Gonzales (Cal. Ct. App. 2001) – Held that termination of parental rights completely severs the parent-child relationship and deprives the court of authority to make a child-support award thereafter—consistent with § 3900’s premise that the duty runs to “their child.”
  • In re Marriage of Serna (Cal. Ct. App. 2000) – Discussed §§ 3900, 3901, and 3910 and held courts may not use spousal support to indirectly impose support for adult children; § 3900 concerns minor children, while adult-child support is governed by § 3910.
  • In re Marriage of Drake (Cal. Ct. App. 1997) – Distinguished the § 3900 duty for minors from § 3910’s duty for incapacitated adult children; confirmed guideline principles and that a child’s resources do not automatically offset a parent’s obligation.
  • County of San Luis Obispo v. Nathaniel J. (Cal. Ct. App. 1996) – Reiterated that every child has a right to support from both parents and that § 3900 imposes an equal responsibility, even in difficult facts (the paying parent was a minor in a statutory-rape context).

Full Text of California Family Code § 3900

3900. Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

*Nothing on this page should be considered legal advice. This is simply a summary of information found on the Internet. Use at your own risk. This information has not been evaluated by an attorney, and it may be incorrect or obsolete due to changes in the law.