Does Child Support for An Adult Disabled Child Exist? – We all know parents must provide for their minor child, even after divorce. But what about an adult child? And what if that adult child is disabled?
The short answer is yes. A parent’s duty to pay child support still exists when that child reaches adulthood yet is unable to realistically care for and support themselves because of a mental disability or physical ailment.
The court will use the same child-support guidelines to calculate payment, but it must also take into consideration the following factors:
Existing vs. future needs
An adult child’s needs may be significantly different once he or she reaches the age of 18, and the court will need to consider everything from the need for personal supervision to an increase in healthcare expenses.
Parent-provided care vs. third-party care
Many times, the parent who has possession and access to the child will shoulder the responsibility of providing in-home care. Other times, caring for a disabled child requires support from a professional third-party.
Parent’s financial resources
The support, care, and supervision of an adult disabled child will require significant financial resources from both parents. The court must take the financial situation of both parents into consideration when calculating child-support payments.
Any other financial resources
The court must take into consideration any additional areas of financial resources a parent may have available to use toward the care and support of the child.
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Source: Nelson Law Group