Laws Regarding Child Support?

[maroo]

Have any of you guys had any dealings with laws regarding continuation of child support for a severly disabled child that is over the age of 21?

The general situation is a child that requires 24 hour care and is in the custody of one parent. It is sole custody, as the other parent wants nothing to do with the child. The other parent has been paying child support for years, but now that the child has turned 21, he refuses to pay any more child support.

The case is being discussed in both legal circles and even political circles (to possibly address State laws here in MS)...but I wondered if any of you guys have ever come across this situation?

 

[Schmeck]

After the age of 22, here in MA at least, the child would be eligible for adult programs that the state pays for.

 

[taliategan]

I would think neither parent has a legal obligation to financially support the child once the child reaches at age of majority. Both would have a moral obligation to do so, but a Court can not enforce a moral obligation.

 

[Janet Hill]

I know a father in this situation who lives in Maryland. His son turns 18 in December and he will no longer be required to pay child support. His ex wife will be getting SSI or whatever from the state (and this is more than his child support obligation). He will continue to be involved in the child's life though.

 

[maroo]

After the age of 22, here in MA at least, the child would be eligible for adult programs that the state pays for.

? What sort of adult programs? Programs that would pay for the disabled adult's living expenses?

I would think neither parent has a legal obligation to financially support the child once the child reaches at age of majority. Both would have a moral obligation to do so, but a Court can not enforce a moral obligation.

This is an interesting point.

I know a father in this situation who lives in Maryland. His son turns 18 in December and he will no longer be required to pay child support. His ex wife will be getting SSI or whatever from the state (and this is more than his child support obligation). He will continue to be involved in the child's life though.

I wonder what happens if the SSI benefits are significantly less than the child support was? Makes sense, to me, that the SSI benefits would be taken into account...but seems like they should be subtracted from what the parent has to pay, but still require the parent to pay the amount above what SSI covers for the child (now adult).


I am sure you guys all know how expensive everything is for a severely disabled child or adult.

Just seems like the courts should intervene if the "adult" is not able to survive on his/her own.

 

[mgilmer]

[FONT=HELVETICA, ARIAL]Currently, 7 States statutorily forbid "post-secondary education" child support. They are:[/FONT]

[FONT=HELVETICA, ARIAL] [/FONT]

[FONT=HELVETICA, ARIAL]Kansas.........KS 60-1610
Louisiana.......RS 9=309
Maine ..........MRS. 19s 303
North Dakota. NDCC-08-0
Oklahoma......O S 10 ss 16
Vermont....... .T 15 ss 658
Wisconsin ....767.25[/FONT]​

[FONT=HELVETICA, ARIAL]There are 15 States with case laws forbidding "post-secondary Education" child support. They are:[/FONT]

[FONT=HELVETICA, ARIAL] [/FONT]

[FONT=HELVETICA, ARIAL]Alaska,.......679 P2d 480 (1984)
Arizona,......575 P2d 1243 (1978)
Delaware,....??? A2d 924 (1973)
Florida,........450 S2d 853 (1984)
Georgia,.......260 SE2d 871 (1979)
Idaho,.......... 184 P 470 (1919)
Kentucky,.....282 SW2d 146 (1955)
Montana,......589 P2d 148 (1979)
New Mexico,..666 P2d 781 (1983)
North Carolina,..330 SE2d 57 (1985)
Ohio,..............477 NE2d 648 (1984)
Pennsylvania,..616 A2d 628 (1992) - see below
Rhode Island,..391 A2d 79 (1978)
South Dakota,...417 NW2d 891 (1988)
Virginia,........... 261 SE2d 52 (1979)[/FONT]​

[FONT=HELVETICA, ARIAL]Pennsylvainia's Supreme Court struck down a provision that allowed child support over 18 in Curtis v. Kline.[/FONT]
[FONT=HELVETICA, ARIAL] [/FONT][FONT=HELVETICA, ARIAL]11 States have restrictive laws for child support after "post-secondary education". They are:[/FONT]

[FONT=HELVETICA, ARIAL]Alabama
Colorado
Iowa (to age 22 only)
Maryland
Massachusetts
Michigan (to age 21 only)
Minnesota
New York
Oregon
Texas
Utah[/FONT]​

[FONT=HELVETICA, ARIAL]7 States are silent on the issue of continued child support beyond "post-secondary" education. They are:[/FONT]

[FONT=HELVETICA, ARIAL] [/FONT]

[FONT=HELVETICA, ARIAL]Arkansas
Hawaii
Indiana
Nebraska
Nevada
New Hampshire
West Virginia[/FONT]​

[FONT=HELVETICA, ARIAL]Finally, 10 States allow for "post-secondary" education child support. They are:[/FONT]

[FONT=HELVETICA, ARIAL]California
Connecticut
Illinois
Mississippi
Missouri
New Jersey
South Carolina
Tennessee
Washington
Wyoming[/FONT]​

As for Mississippi in particular,

Mississippi is in the minority of states that requires child support paid until the age of 21 or the child is otherwise emancipated. The question is what is emancipation? Mississippi Code, Section 93-11-65 defines emancipation. As of July 1, 2008, it underwent some significant changes.

There are two specific sections. The first says that emancipation shall occur when the child:


• Attains the age of twenty-one (21) years, or

• Marries, or

• Joins the military and serves on a full-time basis, or

• Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony.

 

[Schmeck]

? What sort of adult programs? Programs that would pay for the disabled adult's living expenses?



This is an interesting point.



I wonder what happens if the SSI benefits are significantly less than the child support was? Makes sense, to me, that the SSI benefits would be taken into account...but seems like they should be subtracted from what the parent has to pay, but still require the parent to pay the amount above what SSI covers for the child (now adult).


I am sure you guys all know how expensive everything is for a severely disabled child or adult.

Just seems like the courts should intervene if the "adult" is not able to survive on his/her own.

In MA, the state pays for an adult day program, and transportation. If space is available, the person with a disability can move to a group home, paid for by their SSI. Health insurance is also offered (Masshealth) for free, or an extreme discount. Because all these services are free to the eligible person, there isn't a significant monetary burden placed on the parent.

What exactly are the added expenses involved? I'm trying to think of what is above and beyond anyone's health and welfare not covered by the services I've mentioned?

 

[maroo]

[FONT=HELVETICA, ARIAL]Currently, 7 States statutorily forbid "post-secondary education" child support. They are:[/FONT]

[FONT=HELVETICA, ARIAL] [/FONT]

[FONT=HELVETICA, ARIAL]Kansas.........KS 60-1610
Louisiana.......RS 9=309
Maine ..........MRS. 19s 303
North Dakota. NDCC-08-0
Oklahoma......O S 10 ss 16
Vermont....... .T 15 ss 658
Wisconsin ....767.25[/FONT]​

[FONT=HELVETICA, ARIAL]There are 15 States with case laws forbidding "post-secondary Education" child support. They are:[/FONT]

[FONT=HELVETICA, ARIAL] [/FONT]

[FONT=HELVETICA, ARIAL]Alaska,.......679 P2d 480 (1984)
Arizona,......575 P2d 1243 (1978)
Delaware,....??? A2d 924 (1973)
Florida,........450 S2d 853 (1984)
Georgia,.......260 SE2d 871 (1979)
Idaho,.......... 184 P 470 (1919)
Kentucky,.....282 SW2d 146 (1955)
Montana,......589 P2d 148 (1979)
New Mexico,..666 P2d 781 (1983)
North Carolina,..330 SE2d 57 (1985)
Ohio,..............477 NE2d 648 (1984)
Pennsylvania,..616 A2d 628 (1992) - see below
Rhode Island,..391 A2d 79 (1978)
South Dakota,...417 NW2d 891 (1988)
Virginia,........... 261 SE2d 52 (1979)[/FONT]​

[FONT=HELVETICA, ARIAL]Pennsylvainia's Supreme Court struck down a provision that allowed child support over 18 in Curtis v. Kline.[/FONT]
[FONT=HELVETICA, ARIAL] [/FONT][FONT=HELVETICA, ARIAL]11 States have restrictive laws for child support after "post-secondary education". They are:[/FONT]

[FONT=HELVETICA, ARIAL]Alabama
Colorado
Iowa (to age 22 only)
Maryland
Massachusetts
Michigan (to age 21 only)
Minnesota
New York
Oregon
Texas
Utah[/FONT]​

[FONT=HELVETICA, ARIAL]7 States are silent on the issue of continued child support beyond "post-secondary" education. They are:[/FONT]

[FONT=HELVETICA, ARIAL] [/FONT]

[FONT=HELVETICA, ARIAL]Arkansas
Hawaii
Indiana
Nebraska
Nevada
New Hampshire
West Virginia[/FONT]​

[FONT=HELVETICA, ARIAL]Finally, 10 States allow for "post-secondary" education child support. They are:[/FONT]

[FONT=HELVETICA, ARIAL]California
Connecticut
Illinois
Mississippi
Missouri
New Jersey
South Carolina
Tennessee
Washington
Wyoming[/FONT]​

As for Mississippi in particular,

Mississippi is in the minority of states that requires child support paid until the age of 21 or the child is otherwise emancipated. The question is what is emancipation? Mississippi Code, Section 93-11-65 defines emancipation. As of July 1, 2008, it underwent some significant changes.

There are two specific sections. The first says that emancipation shall occur when the child:


• Attains the age of twenty-one (21) years, or

• Marries, or

• Joins the military and serves on a full-time basis, or

• Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony.

Thank you!

This information is exactly what I was looking for!

My friend thought I was crazy when I told her I would ask the DIS. What is a Disney website going to know about this?

But I knew someone out there would know the answer!

Thank you so much for your research! And your time to put all of that on "paper"...

I really appreciate it! It will help this family decide whether to pursue their claim or not.

Thank you so much for the help!



On a personal note: I think a person, disabled or not, should be allowed to work and play. I believe they should be allowed to stay "home" - wherever that is - and that if a divorced parent can reasonably afford to help their child, even after they are 21, that they should. Morally. But I agree the legal implications are interesting.

 

[maroo]

In MA, the state pays for an adult day program, and transportation. If space is available, the person with a disability can move to a group home, paid for by their SSI. Health insurance is also offered (Masshealth) for free, or an extreme discount. Because all these services are free to the eligible person, there isn't a significant monetary burden placed on the parent.

What exactly are the added expenses involved? I'm trying to think of what is above and beyond anyone's health and welfare not covered by the services I've mentioned?

Sure. If you want to go live in a group home, run by the state...I am sure that they will provide 24 hour assistance. I believe in the State of MS that costs the state nearly $100,000 per year and the cost is absorbed by the state. Depending on the support involved. That person can just live there. Eat. Watch TV. Do whatever. They will even pay for the incidentals like diapers, lifts, medication copays, PT, OT - things that are not covered by insurance after a certain point. Or just not offer those services at all. They would not be able to offer them if they are not being reimbursed.

But if you want to live at home. Live at home and maybe go to school? Or work part-time. Then the State offers 7 hours per day of a personal assistant. So, the family is responsible for providing for the other 14 hours per day...either by personally caring for the person, or hiring assistants to care for the person. Diapers. PT. OT. Medication copays (which can be pretty steep). Lifts. Transportation - which can be a lot more expensive when you have to purchase a handicapped accessible vehicle. These are not covered by state insurance. At least not here. Home modifications.
Incidental medical supplies. And I know I am just scratching the surface.

The list is endless. It is alarming how expensive it is out of pocket for a family - even with multiple insurance providers.

I think my question has been answered, though!

 

[Schmeck]

But if you want to live at home. Live at home and maybe go to school? Or work part-time. Then the State offers 7 hours per day of a personal assistant. So, the family is responsible for providing for the other 14 hours per day...either by personally caring for the person, or hiring assistants to care for the person. Diapers. PT. OT. Medication copays (which can be pretty steep). Lifts. Transportation - which can be a lot more expensive when you have to purchase a handicapped accessible vehicle. These are not covered by state insurance. At least not here. Home modifications.
Incidental medical supplies. And I know I am just scratching the surface.

Our state health insurance covers most of these - MA has the manditory health insurance law, but even before that, MassHealth and MassRehab covered most of the above, even a bit for school.

 

[barkley]

by virtue of having worked in social services i can say that GENERALY speaking it tends to be of a greater advantage to a disabled adult to not be considered a dependant of their parent.

the reason being is that if they are a dependant the parent's income and assetts/resources are looked to in determining eligibility to a wide range of programs and resources the disabled adult could potentialy (absent personal income or exessive assetts/resources) be eligible to and benefit from.

ssi looks to income/resources and if an adult child is a legal dependant of their parent it can preclude them from eligibility to both the income that comes from this source as well as the medicaid benefits (as well as food stamps in some states). general assistance which is offered in some states/counties to disabled adults pending their ssi approval can also be precluded if the adult is deemed a dependant of another. a wide variety of income based educational and rehabilitational programs that use income criteria can also become out of reach for dependant adults.

this is why it is tremendously beneficial for parents of disabled children (minors or adults) to speak with an attorney who specializes in special need trust law. trusts can be set up such that they can be funded (support paid direct to) in a manner to provide for the needs of the disabled individual but specificaly ensure they remain eligible to any/all public assistance or other benefits/programs available to them.

these trusts are especialy important if the child will be the beneficiary/inheritor in the event of the death of any family member. absent an appropriate trust a well intentioned bequest can result in years of ineligibility to financial and medical based benefits (and the bequest can be of relativly modest means that are used within months because of the realities of the cost of support, but because of the way the budgeting for these programs are set up, the ineligibility periods can continue for years).