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Child Support for disabled son

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missytish

Junior Member
What is the name of your state (only U.S. law)? Florida.

I was wondering with a child who is severly disabled, how long does the noncustodial parent have to continue with Child Support? Will it automatically stop at 18 years old.

Also, can the custodial parent ask the courts to demand the noncustodial parent to take the children for a week or so over the summer?

Thanks in advance for your help.

TishWhat is the name of your state (only U.S. law)?
 


Perky

Senior Member
What is the name of your state (only U.S. law)? Florida.

I was wondering with a child who is severly disabled, how long does the noncustodial parent have to continue with Child Support? Will it automatically stop at 18 years old.
What does your order say? Florida allows continued support for disabled dependents beyond the age of majority, but you will need the order to specify that.
Also, can the custodial parent ask the courts to demand the noncustodial parent to take the children for a week or so over the summer?
You can ask for anything I suppose, but it's doubtful that will be ordered.
 

Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Florida.

I was wondering with a child who is severly disabled, how long does the noncustodial parent have to continue with Child Support? Will it automatically stop at 18 years old.

Also, can the custodial parent ask the courts to demand the noncustodial parent to take the children for a week or so over the summer?

Thanks in advance for your help.

TishWhat is the name of your state (only U.S. law)?
How old is your child?
CS can be ordered for lifetime if the child is legally disabled. When your child turns 17, file for a modification to have the CS extended. Or, if a modification is done before age 17, you can have that extension included at that time.

No, the court cannot force a NCP to use thier visitation rights. Visitation is a right, not a legal obligation. However, if the CS is based on the number of days of parenting time, and the NCP is not using all of thier time, you can request a CS modifiation on that basis.
 
Also if you are unable to afford respite care for your child and NCP does not exercise his visitation, you can ask that funding for respite care be factored into the order. Not a guarantee you will get it but most judges are lenient with that sort of thing.
 

Gracie3787

Senior Member
Also if you are unable to afford respite care for your child and NCP does not exercise his visitation, you can ask that funding for respite care be factored into the order. Not a guarantee you will get it but most judges are lenient with that sort of thing.
Thanks for bringing that up, I forgot to add it to my post.:eek:
 
Just wondering why the support would continue after the normal age for child support to end if the child is disable to the point of receiving SSI? Can't the original poster get it now also? I have a severely disabled child and the denied the claim because of being over family limit but could be qualified at the age of 18 and be considered their own income. Just thought I would ask for future reference.
 
Just wondering why the support would continue after the normal age for child support to end if the child is disable to the point of receiving SSI? Can't the original poster get it now also? I have a severely disabled child and the denied the claim because of being over family limit but could be qualified at the age of 18 and be considered their own income. Just thought I would ask for future reference.
Not exactly sure what you are asking. Child support and SSI are two separate things. One does not exclude the other. Her child can recieve both.
 
Sorry if I was confusing it was late when I posted.

I meant:

1. OP should look into SSI if did not already.
2. My question was after the age where child support ends if the child is on SSI could the courts not consider that as the child having a wage and being emancipated somewhat?
 
Having an income does not make a disabled adult emancipated. Being able to care for oneself both physically and financially does. See the difference? The courts would factor the SSI into it but support would still be extended. I hope that makes it more clear. :)
 

Gracie3787

Senior Member
Just wondering why the support would continue after the normal age for child support to end if the child is disable to the point of receiving SSI? Can't the original poster get it now also? I have a severely disabled child and the denied the claim because of being over family limit but could be qualified at the age of 18 and be considered their own income. Just thought I would ask for future reference.
You are in MI, the OP is in FL. They have different laws regarding this in each state. In FL the law allows for lifetime CS for a disabled child, maybe MI does not allow it.

However, in FL any SSI recieved for the child will be deducted from the statutory amount of CS, so a parent can recieve both SSI and CS.
 

LdiJ

Senior Member
You are in MI, the OP is in FL. They have different laws regarding this in each state. In FL the law allows for lifetime CS for a disabled child, maybe MI does not allow it.

However, in FL any SSI recieved for the child will be deducted from the statutory amount of CS, so a parent can recieve both SSI and CS.
And lets look at things realistically.

If a child is seriously disabled and therefore will never be able to be emancipated, its only fair that BOTH parents remain legally responsible for the child. They both brought the child into the world.

The non custodial parent should not be able to "bail" at age 18 and no longer be responsible.

If the child is not so severely disabled that the child can eventually be emancipated, that is of course a completely different story. In that case both parents should be working towards the eventual emancipation of the child. However for disabled children that may not be age 18.

I have some tax clients who are disabled adults. They live in a group home and have a caretaker. They all have jobs, and they all receive some state benefits, but many of them also have parents who are responsible for a portion of their care...some more than others based on income, so some of them are still dependents of their parents.
 
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