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.