Child support is typically allotted for minors when a parent becomes single after a divorce to help promote a better life for the child. Child support helps provide for the disabled child so they can seek education, remain healthy, and thrive into adulthood. For children with physical or mental disabilities, child support may need to continue into adulthood as they may need lifelong care from another person. If the child is unable to be self-sufficient due to a range of conditions, a court could rule to have the payments continue.
Extending Child Support Into Adulthood
Financial support is given to the parent caring for the child the majority of the time to help support the child through their minor years. These court-ordered payments end when the child turns 18, but when disabilities or independency considerations come into play, the courts could extend payments. You must meet certain criteria in order for your state to extend the payments from your ex-spouse.
The severity of the disability plays a role in the future payments you will get. If the disabled child has a significant physical or mental impairment, the courts will often award you with continued payments. Adult children who can not work, feed themselves, care for their own hygiene, or drive will receive the most monetary compensation.
If the child was diagnosed with this disability after they reached 18 years of age, child support payments may not be awarded. Children with a lifelong disability or one that has come to light in the teenage years will be more likely to recieve continued support. While child support modifications can happen, the amount of child support you recieve may not be sufficient for a disabled child. These cases are treated as unique and could warrant additional support.
Who Pays For The Adult Disabled Child?
Just like child support for minors, the noncustodial parent will make payments to the custodial parent. Courts could consider the financial situation of both parents when it comes to the disabled child and determine if the family may need additional assistance. Government assistance, Medicaid, or Supplemental Security Income could be awarded to you if the child’s disability is extensive. Parents who are single and raising a disabled child may not be able to work full time, so these payments and government assistance will help give the child a better life. Additional assistance is determined based on your state’s laws.
Steps To Take For Your Disabled Child
If you are looking to recieve support for an adult child, there are a few steps you need to take to present your case to the local court system. The first step is to find a trusted attorney who can learn about your specific situation and understands your state’s specific requirements. A family law attorney will be best equipped to handle child support cases.
Next, you will file a petition to request an extension of support for the disabled child. A lawyer will help you craft this petition, but it will typically outline your child’s needs and why you feel that you need additional support. File the petition before existing payments end.
Medical documents may also need to be shared with the court system to make your point. This will confirm the disability’s impact on the child’s independence and the amount of support you will need throughout the adult child’s life.
Finally, you will also share your financial records and documents to show what monetary support you are providing for your child. The child’s expenses, medical costs, housing, therapy, or caregivers can help establish the need for ongoing support.
Legal Help From Kaufman, Nichols, and Kaufman
Our legal team is committed to helping you have the best family situation possible. KNK lawyers are well-versed in family law, including child support, custody, divorce, domestic violence, and adoption. Our attorneys have earned a reputation because of our successful cases and the care we provide for all of our clients. No matter what case you are dealing with, we have a skillful approach to all legal cases, but we also listen to your concerns and treat you with compassion.
In addition to family law, we also cover criminal cases, wills and estates, and personal injury. Covering a broad range of legal issues allows us to serve multiple clients in the state of Utah. Each attorney with our firm is happy to meet with you and help you find a solution to your legal problems. Reach out to us or visit our office in Ogden, UT, to learn more!
