Disabled children are entitled to child support just as non-disabled children are. However, the unique needs of disabled children often require additional child support past the age of 18 and throughout the child’s adulthood. Disabled children over the age of 18 are referred to as an “Adult Child”.
Disabled adult children require substantial care and personal supervision because of their mental or physical disabilities. The nature of some disabilities renders adult children incapable of independence and self-support. A parent or a person with guardianship of the adult child is designated to receive child support on the child’s behalf. Child support for a disabled adult child may continue indefinitely.
In calculating child support for a disabled adult child, the court considers the following factors:
1. The existing and future needs of the adult child related to his/her care and supervision.
2. Whether the parent pays for or provides care and supervision of the adult child.
3. The financial resources available to both parents for the support, care, and supervision of the adult child.
4. Other financial resources and programs available for support, care, and supervision of adult child.
A law suit for the support of a disabled adult child can be filed only by a parent, a court-ordered guardian of the child, or the child himself (only if he does not have a mental disability and the court finds he can manage his own finances). A suit for support can be filed no matter how old the adult child is.
© 2009 Rachell Miller, JD
