In Re Marriage of Phillips

[725]

Opinion

THOMPSON, J.

The case at bench concerns the effect of the statutory reduction of the age of majority in California from 21 to 18 years of age upon a father’s obligation of child support pursuant to an order of court entered prior to the effective date of the statutory change. We conclude that by reason of the particular language of the court order which we here consider, the statutory change reducing the age of majority required that the father’s motion to terminate support payments be granted. Accordingly, we reverse a trial court order to the contrary.

Respondent (Wife) obtained a default interlocutory decree of dissolution of her marriage to appellant (Husband) on March 7, 1969. The decree awards custody of the minor children of the parties “James C. Phillips, born June 25, 1954 and John C. Phillips, born December 30, 1956,” to Wife. It states in pertinent part: “. . . [Husband] shall pay to [Wife], as and for the support and maintenance of the minor children of the parties, James C. Phillips and John C. Phillips, the amount of $100.00 per child per month . . . commencing April 1, 1969, and continuing thereafter until each of said children shall become self-supporting, emancipated, married, deceased or reaches the age of 21 years or otherwise modified by Court.”

Effective January 1, 1972, the California Legislature amended Civil Code section 25 to read: “Minors are all persons under 18 years of age” rather than persons under 21 years of age. The amendment was accomplished by Statutes of 1971, chapter 1748. Section 73 of that statute provides: “In any order or direction of a court entered before the operative date of this act [January 1, 1972], except orders or directions of a court affecting child support, and in the absence of any indication of an intention to the contrary, a reference to the age of majority or the age of 19 years of age, 20 years of age, or 21 years of age shall be deemed to be a reference to 18 years of age. [H] The use of the words the age of majority, 19 years of age, 20 years of age, or 21 years of age in such an order or direction shall not, in itself, be deemed to indicate a contrary intention. . . . [f ] In any prior order or direction of a court affecting child support entered prior to the effective date of this act, a reference to minority shall be deemed a reference to the age of 21 years.”