In Re the Marriage of Schopfer

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] OPINION

Since the death of his ex-wife, William C. Schopfer (father) shared legal and physical custody of his daughter, Jennifer, with her stepfather, Daniel C. Bonebrake. Pursuant to a court order, father also paid to *Page 955 Bonebrake $900 each month for child support. Four months before Jennifer graduated from high school, however, father moved to reduce his child support obligation to zero. The trial court denied his motion.

On appeal, father makes the same three contentions he made in the trial court. First, he contends that he cannot be compelled to pay child support to a third party, absent an agreement. Second, he contends that he can no longer be required to pay child support for Jennifer because she is now 18 years old. Third, he contends that an order compelling him to pay child support for Jennifer is inequitable because she is in boarding school, the tuition for which is paid by her mother's estate, and thus Bonebrake is no longer paying Jennifer's expenses.

Finding none of father's claims to have merit, we affirm the order of the trial court.

FACTUAL AND PROCEDURAL BACKGROUND In December 2006, the court awarded joint legal and physical custody of Jennifer to father and Bonebrake. The parties nevertheless acknowledged that Jennifer was living with Bonebrake.

In July 2007, the court ordered father to pay to Bonebrake $900 per month in child support. In August 2007, Bonebrake enrolled Jennifer in boarding school in Oregon.

In July 2008, father filed an order to show cause, seeking to modify the prior order for child support to zero. Relying onPlumas County Dept. of Child Support Services v.Rodriguez (2008) 161 Cal.App.4th 1021 [76 Cal.Rptr.3d 1] (Rodriguez), he argued "there is no statutory authority for the court to award child support to a non-parent custodian." He also argued that because Jennifer was now 18 years old and in boarding school, the tuition for which was paid out of her mother's estate, an order compelling him to pay child support to Bonebrake was inequitable. Bonebrake opposed father's request, arguing that until Jennifer graduated from high school, father had a duty to support her.

At the hearing on father's motion, the court requested additional briefing on a recently published case, Edwards v.Edwards (2008) 162 Cal.App.4th 136 [75 Cal.Rptr.3d 458]. In his amended points and authorities, father relied onEdwards to argue that because Jennifer was 18 years old, neither he nor Bonebrake was "primarily physically responsible" for her for any period of time. Thus, father argued, guideline child support was inapplicable. Bonebrake argued that Edwards was distinguishable because, unlike the adult child in Edwards who was in college, Jennifer had not yet graduated from high school. *Page 956