“Can A Court Order Payment of Child Support For A Child Who Is Over 18, But Is Disabled?”
In California, the answer is yes. Family Code Section 3910 provides that both parents are equally responsible for supporting a child who is disabled and cannot afford to provide of him or herself.
In practicality this can present some problems. Is the child disabled enough to not be able to support themselves? Especially when dealing with mental disabilities or Autism Spectrum Disorder, the answer may not be clear. In those cases, one party can request an employability evaluation, similar to the evaluations done on parties who ask for support while claiming they cannot work for one reason or another.
Although it has not been specifically spelled out in the section, courts have interpreted this section to mean that they should use the normal California support guidelines, as programmed into the Dissomaster program, and support is calculated in the same way as a normal support calculation.
A related question is whether or not the court can order a time share or visitation, and that answer to that question is “no.” There is no California code section that allows for visitation orders for a disabled son or daughter who has turned 18.
DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.
“Can A Court Order Payment of Child Support For A Child Who Is Over 18, But Is Disabled?”
In California, the answer is yes. Family Code Section 3910 provides that both parents are equally responsible for supporting a child who is disabled and cannot afford to provide of him or herself.
In practicality this can present some problems. Is the child disabled enough to not be able to support themselves? Especially when dealing with mental disabilities or Autism Spectrum Disorder, the answer may not be clear. In those cases, one party can request an employability evaluation, similar to the evaluations done on parties who ask for support while claiming they cannot work for one reason or another.
Although it has not been specifically spelled out in the section, courts have interpreted this section to mean that they should use the normal California support guidelines, as programmed into the Dissomaster program, and support is calculated in the same way as a normal support calculation.
A related question is whether or not the court can order a time share or visitation, and that answer to that question is “no.” There is no California code section that allows for visitation orders for a disabled son or daughter who has turned 18.
DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.
“Can A Court Order Payment of Child Support For A Child Who Is Over 18, But Is Disabled?”
In California, the answer is yes. Family Code Section 3910 provides that both parents are equally responsible for supporting a child who is disabled and cannot afford to provide of him or herself.
In practicality this can present some problems. Is the child disabled enough to not be able to support themselves? Especially when dealing with mental disabilities or Autism Spectrum Disorder, the answer may not be clear. In those cases, one party can request an employability evaluation, similar to the evaluations done on parties who ask for support while claiming they cannot work for one reason or another.
Although it has not been specifically spelled out in the section, courts have interpreted this section to mean that they should use the normal California support guidelines, as programmed into the Dissomaster program, and support is calculated in the same way as a normal support calculation.
A related question is whether or not the court can order a time share or visitation, and that answer to that question is “no.” There is no California code section that allows for visitation orders for a disabled son or daughter who has turned 18.
DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.