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Thread: child support and visitation disabled 18 year old

  1. #1
    momisme is offline Junior Member
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    child support and visitation disabled 18 year old

    What is the name of your state (only U.S. law)? Texas. Original child support/visitation order in another state. Other parent no longer pays child support but is still demanding visitation and lives more than 350 miles away in another state. 5 hours traveling time. The child is 18 and disabled and still enrolled in high school. 2 Questions.....do i need to accomodate these demands? Should the other parent still be paying child support?
  2. #2
    TheGeekess is offline Senior Member
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    Quote Originally Posted by momisme View Post
    What is the name of your state (only U.S. law)? Texas. Original child support/visitation order in another state. Other parent no longer pays child support but is still demanding visitation and lives more than 350 miles away in another state. 5 hours traveling time. The child is 18 and disabled and still enrolled in high school. 2 Questions.....do i need to accomodate these demands? Should the other parent still be paying child support?
    What do the court orders say?
  3. #3
    sandyclaus is offline Senior Member
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    Quote Originally Posted by momisme View Post
    What is the name of your state (only U.S. law)? Texas. Original child support/visitation order in another state. Other parent no longer pays child support but is still demanding visitation and lives more than 350 miles away in another state. 5 hours traveling time. The child is 18 and disabled and still enrolled in high school. 2 Questions.....do i need to accomodate these demands? Should the other parent still be paying child support?
    Quote Originally Posted by TheGeekess View Post
    What do the court orders say?
    Ditto.

    Understand that child support and visitation are not mutually exclusive. One can have an order for visitation without a child support order, and vice versa.

    If a child requires “substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support,” and if the disability existed or was known to exist on or before that child’s 18th birthday, then it is possible to seek support for the disabled child from one or both parents for an indefinite period.

    A person has standing to sue for the support of a disabled child/adult if they are the parent or individual who has physical custody or guardianship of the child/adult under a court order. Another way to have standing to sue for indefinite support is if the child/adult themselves, is 18 or over; does not have a mental disability, and if the court determines that the child/adult is capable of managing their own financial affairs.

    Why would you be wanting to withhold visitation with the child from the other parent at this point? Is there a particular reason why you feel that it would not be in your child's best interest to have an ongoing relationship with the non-custodial parent?
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by momisme View Post
    What is the name of your state (only U.S. law)? Texas. Original child support/visitation order in another state. Other parent no longer pays child support but is still demanding visitation and lives more than 350 miles away in another state. 5 hours traveling time. The child is 18 and disabled and still enrolled in high school. 2 Questions.....do i need to accomodate these demands? Should the other parent still be paying child support?
    What if it were you, wouldn't you still need to be a part of your child's life?
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    Maybe I read something into it but what I thought the op meant to say was the transportation of the child 350 miles was very difficult. Some sick or disabled young adults can become very agitated on long trips. My wife used to transport an autistic child and he had 4 point restraints and a police cage to protect the driver. IIRC he was 10. I cant even imagine the child at 18.
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    sandyclaus is offline Senior Member
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    Quote Originally Posted by Shannongiles16 View Post
    Maybe I read something into it but what I thought the op meant to say was the transportation of the child 350 miles was very difficult. Some sick or disabled young adults can become very agitated on long trips. My wife used to transport an autistic child and he had 4 point restraints and a police cage to protect the driver. IIRC he was 10. I cant even imagine the child at 18.
    Based upon the information provided in OPs original post:

    Quote Originally Posted by momisme View Post
    What is the name of your state (only U.S. law)? Texas. Original child support/visitation order in another state. Other parent no longer pays child support but is still demanding visitation and lives more than 350 miles away in another state. 5 hours traveling time. ...
    I'd venture a guess that OP moved out of the original jurisdiction (since the state with jurisdiction would have issued the original support order). If OP created the distance, then it's only right that they bridge that distance and facilitate the relationship with the NCP. As we know, when the CP creates the distance, they are almost always given the responsibility of facilitating visitation by either providing it to the NCP or covering at least part of the transportation costs.

    What I'm wondering is whether or not the NCP is currently exercising any visitation? If not, how long has it been since they have spent time with the child, and what is their reason for not having more regular visits?
  7. #7
    stealth2 is offline Senior Member
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    Quote Originally Posted by TheGeekess View Post
    What do the court orders say?
    Until we know the answer to this question, all other responses are rather moot.
  8. #8
    TheGeekess is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    Until we know the answer to this question, all other responses are rather moot.
    Received this in my pm box:
    The original court order from when the child was age 2 only states financial support of the minor, does not state anything regarding visitation. Visitation and child support have been sporatic thru out the years. Child support was never thru a state agency and he has always manipulated what is paid. I have driven for almost 10 years to allow visitation only to be told "I forgot my checkbook" "I lost my job" and worse drive several hours to be told "im not taking child this weekend"

    Child currently does not receive social security or child support. I was not court ordered to drive the distance to facilitate visitation. I did it because I chose to. Now age 18 he is demanding I bring 18yr old every other weekend. Intellectually challenged 18year old is still enrolled in school and is beginning a work program in August.
  9. #9
    Ohiogal is offline Senior Member
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    So what evidence is there that child is disabled and won't be able to support him/herself? Did mom file for continuing support due to disability BEFORE the child turned 18? Or is she assuming it will continue?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  10. #10
    CJane is offline Senior Member
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    OP -- you're under no obligation to facilitate visitation at this point. None.

    The only person who can tell you if you should still be receiving support is a judge in the state in which the order was originally issued. Call an attorney in that state. Request a telephone consultation. Find out if, given the statutes and your existing order, NCP should pay at least until high school is completed. Find out if any arrears that have accumulated through the years are still owed as well.

    That's really your only course of action.
  11. #11
    LdiJ is offline Senior Member
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    The original court order from when the child was age 2 only states financial support of the minor, does not state anything regarding visitation. Visitation and child support have been sporatic thru out the years. Child support was never thru a state agency and he has always manipulated what is paid. I have driven for almost 10 years to allow visitation only to be told "I forgot my checkbook" "I lost my job" and worse drive several hours to be told "im not taking child this weekend"

    Child currently does not receive social security or child support. I was not court ordered to drive the distance to facilitate visitation. I did it because I chose to. Now age 18 he is demanding I bring 18yr old every other weekend. Intellectually challenged 18year old is still enrolled in school and is beginning a work program in August.
    You are not obligated to drive the child to visit him every other weekend. From what you have said here, you never were.
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  12. #12
    stealth2 is offline Senior Member
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    I wonder if there was ever an order for child support.
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  13. #13
    LdiJ is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    I wonder if there was ever an order for child support.
    This tends to indicate that there was:

    The original court order from when the child was age 2 only states financial support of the minor, does not state anything regarding visitation.

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