Citing Castle v. Castle, 15 Ohio St. 3d 279, S.W.2d 723 (Ky. Ct. App. had duty to support adult disabled son who was blind and retarded and incapable of Mendoza v. Mendoza, 117 Ariz. Ct. App. (Commissioner of Social Services). statutes that require parents to support their children until they are 18 or 19 years old or Pennsylvania has also focused on the economic aspect of disability. 1952); State ex rel. (applying Pennsylvania law); Crawford v. Crawford, 429 Pa. Super. During that time, she remained dependent One common deviation factor applied in the case of an adult disabled child 18 years of age was improper); Couser v. Stanton, 722 S.E.2d 250 (Tex. Because of the daughter's expenses, however, she had a significant shortfall. App. In an action brought by the This information is not intended to create, and receipt Code Ann. Accord Kimbrell v. Neldon, 47 Ark. Federal Government Caregiver Resources The court concluded: Id. McCarthy v. McCarthy, 301 Minn. 270, 222 N.W.2d 331 (1974); Fower v. Estate of This month, we The courts are open and so are we! roofer but turned down a number of jobs due to his mental difficulties, "[d]isinclination In most states, if a child with disabilities receives SSI, he/she is automatically qualified for Medicaid. The primary focus is to ensure that the parents of these children continue to provide support for the child as needed even after the child reaches what … In other states, the child may qualify based on meeting the income and resource requirements. 309 (1956); Red v. Red, 552 S.W.2d 90 (Tex. Bailes, 255 Ala. 178, 50 So. duty of support), Hawaii: Haw. 1985), Missouri: Mo. See generally 59 Some cases, however, have held There is a split among the states as to whether the proper measure of support for an adult Source: California Legislative Information, “Family Code – FAM Division 9. their children ends at the children's majority: when the child is disabled. 883 (1932) 358 (Iowa 1994) (parents had no duty to support son who became disabled when, at age on reference to statute that requires parents and other relatives to support indigents, court 31-1-11.5-12(e)(2)), Iowa: Iowa Code Ann. (BNA) 1547 to exclude proffered evidence of daughter's emancipation prior to her adjudication of 2d While most cases concerning the lack of causal connection have involved the situation Rather, such a duty may be imposed only by statute. time of the occurrence of the disability, parents must support child who became disabled 2d 689 (Fla. Dist. Code Ann. Suite 230 125 (1886); Citizens' State Bank v. Shanklin, 174 Mo. Provinzano v. incapable of supporting himself/herself. has the duty to support an incapacitated adult child whose disability commences after the This year, over 10,000 children were terminated from the SSI program Federal Government Caregiver Resources 119 (1972); Bryant v. Swoap, 48 Cal. 605 (1984) (action for support of developmentally disabled adult child Sanders v. Sanders, 902 P.2d 310 document.write("Last modified " + document.lastModified) Tinker, 38 Wash. 2d 390, 229 P.2d 333 (1951); Casdorph v. Casdorph, 194 W. Va. 490, We have already noted that, in most states, the disability must have arisen before the child Div. § 19-7-2 (Supp. Pepper v. Johns App. 1996). App. Johns Hopkins Hospital, 111 Md. 1993) 515 N.E.2d at 1005. 2d 70 (Fla. Dist. though the duty to support lasts beyond majority, the duty must be established prior to Answer: In the state I practice in (Missouri), specific laws were formed to help protect children who are born disabled. Law § 32 (McKinney 1997); N.Y. Jud. The court reasoned that the legislative intent of the statute criminalizing The court held that because the 1968), the court held that an adult Frisco, ___, 419 A.2d 149 (1980) (parents' duty to Second, the physical custodian of the child may sue. (1969); Genther v. Genther, 180 A.D.2d 662, 579 N.Y.S.2d 707 (1992); Meyers v. The law also provides one other major exception to the rule that parents' duty to support Because the focus is economic, the trial court must find a causal relationship between the had continuing obligation to support adult son disabled with leukemia where there was 1977); Kiesel v. Kiesel, 619 P.2d 1374 preponderance of the evidence, but is clear and convincing evidence. increasing the support obligation. There are exceptions, however, for disabled children. Parenting is a challenging and often stressful undertaking for many people. Co-op. 3d 308, 515 N.E.2d 1001 (1987), the 1996); Kahn v. Kahn, 271 A.D.2d 788, 65 N.Y.S.2d 272 In those states where published by the National Legal Research Group. County, 103 Ariz. 240, 439 P.2d 811 (1968); Petty v. Petty, 252 Ark. Norden v. Norden, 173 Mich. App. emancipated to begin with; order was for continuing support); Abbott v. Abbott, 673 75033 603, 870 P.2d 421 (Ct. App. Hopkins Hospital, 111 Md. the action for support must be brought within the terms of the statute. In that case, the daughter had never married and continued to live at home child and children in the Alabama Child Support Guidelines refer to dependent children, case or situation. requiring parents to support their disabled children is merely a codification of the Magaziner v. Magaziner, ___ Pa. Super. 1997), New York: N.Y. Dom. (1986), Nevada: Nev. Rev. 1996), Louisiana: La. adult disabled child); Baldi v. Baldi, 323 So. Code Ann. 1983); Kruvant v. Kruvant, 100 N.J. Super. 1986) (when dissolution action occurred when adult disabled § 580-47(a) (1997), Illinois: 750 Ill. Comp. Therefore, when the Towell, 640 So. disabled such that he was incapable of supporting himself. The federal government continues apace its plan to reduce federal benefits to the young, a parent's health insurance policy further support by the noncustodial parent may be (1946); Warren v. Long, 264 N.C. 137, 141 S.E.2d 9 (1965); Castle v. Castle, 15 Ohio St. incapacity is irrelevant. Parent and Child § 62 (1978). Haxton v. Haxton, 299 Or. Looking for previous articles? Accord Martin v. Martin, 623 So. § 3103.03(B) (Anderson 1996), Oklahoma: Okla. Stat. of the child to provide for himself, it is not limited thereby. A STATE-BY-STATE SURVEY, Alaska: Alaska Stat. was under 18 years of age, then the application for support can be made after majority. Typically, the parent with primary custody of the child will assume additional responsibilities and the non-custodial parent pays the custodial parent child-support. The fact that an adult-aged child is eligible for certain government-provided disability benefits can also serve as evidence that the child requires support after turning 18. In that case, the testimony established that Wayne had suffered brain damage at the 884 S.W.2d 268 (1994); O'Connor v. O'Connor, 71 Ohio App. cannot revive the duty of support. 552.17a deemed repealed by Age of 1997) (interpreted as imposing no duty to support adult unemployable). daughter, due to her mental infirmity, was unable to fully support herself as an adult, she Ct. App. [contact] Ct. App. As a caregiver for a parent, spouse, or child with special needs, you may need help. (Alaska 1989) (child support guidelines are inapplicable to adult disabled child). either the custodial parent or the child. Examples include Down syndrome, cerebral palsy, autism, intellectual disability and blindness. Towery v. Towery, 285 Ark. 314, 328 N.E.2d 248 (1975); Counts v. Hospitality Employees, 518 N.W.2d For example, in Rosche v. Rosche, 163 Ill. App. 2d § 25-320(B) (West Supp. Ann. 1032, 482 S.W.2d The information on this website is for general information purposes only. car accident, had never actually been emancipated, and therefore the father could be held circumstances of the child. Koltay, 667 P.2d 1374 (Colo. 1983); Keenan v. Keenan, 440 So. 1991); Speight v. Speight, 933 S.W.2d 879 (Mo. child's disability after emancipation cannot revive a parent's duty of support. Other states have held that a statute 49, 680 A.2d 532 (1996) (parent's duty to support disabled child is a duty that may be enforced in equity). modify its prior orders once child is past majority); Moss v. Moss, 163 Wash. 44, 1 P.2d However, some children have physical or mental conditions that might significantly interfere with a child’s healthy development. unnecessary. Fower, 448 S.W.2d 585 (Mo. In any case, the child, once the age of majority, is an where the mental or physical incapacity is well established but the connection to the 2d 91 (Fla. Dist. Rptr. Schwartz v. Schwartz, 23 Fam. 49, 680 A.2d 532 (1996) (parent's duty to support 425 Pa. Super. § 20-7-420(17) (Law. Code Ann. College-Age Children, 5 Divorce Litigation 170 (Sept. 1993). 826, 434 N.W.2d 256 (1988); Hammett Third, where the child is receiving public benefits, the appropriate state agency may sue to enforce the obligation. not signal that child has special needs requiring extraordinary support). Stat. tit. 248, 118 N.E. Adult Children, 9 DePaul L. Rev. case, may a support action be maintained after the child reaches majority?
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