Marriage of DrakeAnnotate this Case
In this appeal, Glenn Drake challenged the trial court’s order requiring him to pay adult child support for his emancipated son, Dallas. His appeal raised two issues: (1) whether the conditions of Family Code section 3910, subdivision (a) for payment of adult child support met; and (2) whether the trial court erred by ordering that adult child support payments be made to Terri Drake, Dallas’s mother and Glenn’s ex-wife, and allowing her to use those payments for her personal expenses. Although the trial court misconstrued the standard for an award of adult child support, the Court of Appeal concluded the trial court did not err by ordering Glenn to make support payments because the evidence established that Dallas was incapacitated from earning a living and without sufficient means. The trial court erred, however, by ordering that Glenn make the adult child support payments to Terri. The Court of Appeal affirmed the order awarding adult child support but reversed to the extent it required support payments be made to Terri. On remand, the trial court had to consider and decide the best means for paying adult child support to Dallas.