In Re Marriage of Lieberman

Opinion

ASHBY, J.

Appellant Leonard H. Lieberman (hereinafter Husband) appeals from a judgment on dissolution of marriage. The issue in controversy is the court’s order for the support of one of the parties’ minor children, Howard.

Howard was 10 years old and according to an expert witness was “an extremely disturbed, hyperkinetic youngster” suffering from “infantile symbiotic psychosis.” This is a syndrome which manifested itself around age two and a half. “[W]hen there is psychopathology in the family constellation and tensions are too great, the child tends to regress back to the infantile period when he did not differentiate himself from mother and in that regression there is—it is interfering with intellectual development and therefore the whole total regression does not allow for the intellectual development to occur.” Howard needs special care. “The prognosis here is very guarded. However, already there has been some improvement.”

Pursuant to stipulation of the parties the judgment provides that child support shall be in a certain amount “until the children die, become emancipated, or reach majority.” However, the court added the following provision: “The parties did not orally stipulate to the following issues, but the Court further orders: [1Í]. .. The minor child,

[586]

Howard Lieberman, is an exceptional child and so long as he is exceptional, he never achieves majority.”

Husband correctly contends that this provision improperly orders Husband to support Howard beyond the age of majority if Howard remains exceptional at that time. In a marriage dissolution proceeding the court’s authority to order child support is limited to “the support of a

minor

child.” (Civ. Code, § 4700, subd. (a), italics added;

Levy

v.

Levy

(1966) 245 Cal.App.2d 341, 363-364 [53 Cal.Rptr. 790] (former Civ. Code, § 139).) If Howard is still exceptional after reaching the age of majority, appellant can be required to support him (Civ. Code, § 206) but this obligation must be enforced by an independent action, not in the marriage dissolution proceedings.