Can Disabled Adult Children Over 18 Continue to Collect Child Support?

Child support is one of the primary issues that must be resolved when a couple decides to get separated or divorced. Child support payments help ensure that both parents will continue to provide financial support to their children until they have reached the age of 18. The exact amount of support that must be paid from one parent to the other is determined based on which parent has primary custody, how many children are involved, the net income of both parents, whether any of the children require additional treatment and care due to special needs, and the percentage of overnight stays the children will have with the non-custodial parent.

Child support payments are meant to cover basic necessities like food, shelter and clothing, as well as school fees, entertainment expenses, medical care, extracurricular activities and more. In most cases child support payments are no longer required after a child has reached the legal age of 18. The one exception to that rule is when the child in question is physically or mentally disabled. In situations where the disabled adult child is unable to provide and care for him- or herself, both parents will maintain a legal and financial responsibility for the welfare, care and upbringing of their adult child. Providing the mental or physical disability began prior to the child's 18th birthday, the court has the legal right to require support be continued beyond the age of 18.

If you need help establishing a child support agreement, or you need legal representation in the enforcement of a child support order, we advise you contact a Daytona Beach family law attorney from our firm at once. We have seen many instances where either the non-custodial parent fails or refuses to make court-ordered child support payments, or the custodial parent attempts to prolong child support payments past the point when they are scheduled to cease. Instances such as these do not have the child's best interests in mind. Our firm is dedicated to helping resolve your child support issues and help see that the needs of your disabled adult child are fully met. An attorney at Buckmaster Law stands ready to discuss your needs and help you determine how best to proceed. Contact our firm and schedule your confidential consultation.

Categories: Divorce