Child Support After 18

[mdhull35]

It ended automatically at 18 when the court sent her a document to see if she wanted to continue it for some reason like attending school. She didn't contest it so it ended

 

[mdhull35]

I am paying 350 a month to pay off arrears. I believe I still owe couple thousand. I tried talking to her but she ignores me.

 

[PayrollHRGuy]

Pay your arrears in a timely manner. Give your son money as he needs and you can and keep a record.

If she tries to sue for additional child support she will almost certainly be unsuccessful.

 

[Zigner]

Pay your arrears in a timely manner. Give your son money as he needs and you can and keep a record.

If she tries to sue for additional child support she will almost certainly be unsuccessful.

Based on what has been presented here, I agree. However, if the ex does file some sort of court action, the OP should speak to an attorney.

 

[LdiJ]

I am not sure that I entirely agree with the previous two responses. It is fairly rare, but if an adult child is deemed disabled and for some reason is unable to get SSI, parents can sometimes be held responsible to support that adult child. I am not saying that will for sure happen in this case, but I don't think that we can say with certainty that it won't.

 

[Zigner]

I am not sure that I entirely agree with the previous two responses. It is fairly rare, but if an adult child is deemed disabled and for some reason is unable to get SSI, parents can sometimes be held responsible to support that adult child. I am not saying that will for sure happen in this case, but I don't think that we can say with certainty that it won't.

That's not what's happening here.

 

[LdiJ]

That's not what's happening here.

How do you know? The adult child has cancer. The adult child may or may not be able to work, and may or may not be able to properly care for themselves at this time.

 

[Zigner]

How do you know? The adult child has cancer. The adult child may or may not be able to work, and may or may not be able to properly care for themselves at this time.

That would not be part of the existing child support order.

EDIT: I'll admit that I don't know, just as much as you don't.

 

[quincy]

I am not sure that I entirely agree with the previous two responses. It is fairly rare, but if an adult child is deemed disabled and for some reason is unable to get SSI, parents can sometimes be held responsible to support that adult child. I am not saying that will for sure happen in this case, but I don't think that we can say with certainty that it won't.

I agree that a support order can be issued in cases where an adult child needs assistance. Whether the adult child support would be ordered based on Pennsylvania law or California law is something I don’t know.

Here are links to two cases out of Pennsylvania:

https://scholar.google.com/scholar_case?case=8181093349026731962&hl=en&as_sdt=6&as_vis=1&oi=scholarr

https://scholar.google.com/scholar_case?case=2182403833629407202&q=Hanson,+625+A.+2d+1212&hl=en&as_sdt=6,24

 

[LdiJ]

That would not be part of the existing child support order.

EDIT: I'll admit that I don't know, just as much as you don't.

There is no existing court order. The "existing court order" stopped two years ago. However I agree, we don't know. Therefore we shouldn't guarantee to the OP that it can't happen.

 

[Zigner]

There is no existing court order. The "existing court order" stopped two years ago. However I agree, we don't know. Therefore we shouldn't guarantee to the OP that it can't happen.

Fair enough.

 

[Ohiogal]

The disabled adult would have had to be disabled while still a child and support requested before the termination of the order.

 

[Zigner]

California would have jurisdiction.

 

[quincy]

Here is a link to both California and Pennsylvania’s laws on the duty of parents to support adult children:

California: https://law.justia.com/codes/california/2019/code-fam/division-9/part-2/chapter-1/article-2/section-3910/

Pennsylvania:
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=46&mobile_choice=suppress

The purpose of these laws is to put the responsibility for a family member’s care on the family and not the state.

A question for the family law experts: Would a child support order still be in effect after the child turns 18 when there is a child support arrearage?

 

[LdiJ]

Here is a link to both California and Pennsylvania’s laws on the duty of parents to support adult children:

California: https://law.justia.com/codes/california/2019/code-fam/division-9/part-2/chapter-1/article-2/section-3910/

Pennsylvania: https://www.legis.state.pa.us/cfdocs/legos/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=46&mobile_choice=suppress

The purpose of these laws is to put the responsibility for a family member’s care on the family and not the state.

A question for the family law experts: Would a child support order still be in effect after the child turns 18 when there is a child support arrearage?

The second link didn't work Quincy. It gave a "page not found" message.

I don't think that a child support order could be considered "still in effect" if there is no current child support ordered.