Child Support for a Disabled Adult Child
Posted on Nov 8, 2017 8:00am PST
Divorce is rarely easy for anyone, but for the parents of a disabled adult
child, it can be even more complicated. Parents always have an obligation
to provide financial support for their children until their kids are adults,
but adult disabled children continue to need their parents’ care
long after they reach physical maturity.
While children are always provided
child support after a divorce proceeding, the California family law court will also
allow parents to ask a judge for child support for a disabled adult child
for as long as financial assistance is needed. California Family Code
§ 3910 states both parents have an equal responsibility to maintain,
to the extent of their ability, a child of whatever age who is incapacitated
from earning a living.
Whether the child suffers from a mental or physical disability, the noncustodial
parent will be required to pay child support sometimes for many decades
beyond the time when the child reaches the age of 18. However, the court
has also clarified the incapacitation must be from a mental or physical
disability or from factors out of the child’s control. If the child
is responsible for his or her own incapacitation, he or she may not be
eligible for continued financial support.
In some cases, such as when the child continues to reside with one parent,
the paying parent can make the payments to the receiving parent; however,
if the adult child lives in a residential care facility, the parent might
be obligated to make the payments directly to their child.
If you’re the parent of a disabled child and would like to discuss
divorce concerns with an experienced
Fresno divorce lawyer, let us help. Our skilled attorneys at
Arnold Law Group, APC are dedicated to helping families through difficult and stressful legal
experiences. Let us see what we can do for you and your family.
Contact us at (559) 900-1263 or fill out our online form to schedule a case consultation
with us today.