Did You Know: Children With Special Needs Can Receive Child Support Past Eighteen

Despite the fact that child support law can be extremely complex and confusing, there is one general rule which most individuals recognize: child support comes to an end when the child reaches the age of majority. While this is true in the vast majority of cases, there is one instance in which this rule may not apply.

The non-custodial parent may be required to continue having to make support payments to help to pay for the disabled individual’s care after the child reaches the age of majority if the child is disabled in some way that necessitates them continuing to receive support and care from their parent after they reach the age of majority.

Listed below are the things you need to know about these exceptional circumstances.

Child’s Ability to Find Adequate Income

After your child reaches the age of majority, the ability of your child to support themselves is by far the most significant factor in deciding whether or not you will be able to keep receiving child support payments. Courts can order continued child support if your child is genuinely unable to support himself or herself in any way.

The Onset of the Disability Matters

When a child over the age of eighteen sustains an injury or becomes ill, they may find themselves suddenly unable to care for themselves and their family. If this occurs, you will have a much lower chance of being able to sue for renewed child support payments for the care of your adult child. The majority of courts that have addressed this issue have determined that an adult child’s disability must have occurred before the age of eighteen in order for the noncustodial parent to be responsible for such payments.

Public Benefit Payments

A large number of disabled children receive some form of public assistance as a result of their disability. The most important question in terms of child support is whether or not these benefits can be taken into consideration when calculating child support payments, which is a complicated question. The answer to this question frequently depends on the type of assistance your child is receiving.

To Conclude

A difficult task is determining the appropriate amount of child support to pay for children who have disabilities. This becomes more complicated because you are attempting to determine the additional costs associated with caring for a disabled child while also ensuring that the child continues to receive the best possible quality of life, both emotionally and financially, during this process. However, even though the court will decide as to if guideline support is sufficient for a child with special needs or additional support be required, family law attorneys and certified divorce financial analysts frequently collaborate on financial plans for restructured families in order to ensure that the child’s long-term financial needs are met.

In light of the fact that this article provides information about child support law, you may consult with an attorney in Thornton Esquire Law Group if you have any questions about your situation.