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Child support beyond 18 when child is disabled

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BarbaraFromBost

Junior Member
What is the name of your state (only U.S. law)? NH
My daughter and I live in Mass, the dad lives in NH and the jurisdiction is NH. She lives with me and visits her dad every other weekend.

I am going in for a child support modification and I need some advice on what evidence to bring and what specifically to ask for in order to secure support beyond the age of 18 for a child that recently became disabled.

My 17-year old had a stroke followed by brain surgery this year. Fortunately she had a great recovery, and then some setbacks. She is in her senior year at high school and struggling valiantly to finish with her peers, including two honors classes. The school is providing special education and has recommended that she apply for Mass. transitional assistance (to work) for post graduation.

There is a good chance she will graduate because she already had a lot of credit, and now the teachers are letting her slide on a lot of assignments (it seems "I had brain surgery!" is a great excuse for almost everything). She is in a good public school with well intentioned teachers who like her. When I put my cynic hat on I believe that the school has an interest in seeing her graduate so they do not have to pay for special education next year.

The child appears to function well on many levels, however she cannot focus if there is more than one thing going on and is very forgetful. The doctor forbid her to drive. She has had seizures. She sometimes becomes disoriented. She frequently gets debilitating headaches (10+ times a day). Based on her disability I believe she should not live alone.

She had planned to go to art college in Boston and there is still a chance she may be accepted. Her father agreed to pay for her college (he's a millionaire in large part because he took 85% of the assets at the divorce - that is another long story). If she gets into college and is functioning independently, then great. However according to the neurologist the setbacks she has experienced since the surgery are unexpected - so things may well get worse before they get better.

I hope for the best and prepare for the worst. In preparing for the worst I want to set up child support to continue past the age of 18 on the presumption she may end up at home and unable to work. She turns 18 in June. I have just had a modification hearing where the marital master said he would consider an extension based on the disability if I entered a petition. The reason he didn't consider it then and there is because I sprang the idea on the Court (and my ex) that day in my oral arguments and proposed decision.

I have googled and looked around various law sites that have been helpful to me before when I had support issues. The best thing Google found was your forum. So here is where you come in gentle readers. What specifically should I ask for in the petition to extend child support? What evidence should I bring?

I gave 3 pieces of evidence to the judge at the modification hearing, the form showing my daughter was in special ed at school due to her neurological issues; the Chapter 688 application form approved by the school, and a picture of the kid smiling with electrodes all over her head during an EEG (I think the judge should see the kid in question - it brings a bit of humanity into the process - besides I think I have an incredibly cute kid, no need to tell me that you disagree with the picture business - I agree to disagree :)

Also, is there a post somewhere on this site that explains all of your acronyms? I looked around for a sticky note that explained forum etiquette, conventions and acronyms, but all I found was a generic FAQ explaining how to navigate a forum.

All constructive feedback, pointers, and advice warmly welcomed. I appreciate your dedication to this site and your generosity in helping strangers.
For the other stuff I have my defenses up - some of y'all are pretty harsh! I apologize in advance if I worded anything in a way that offends you.
 
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Isis1

Senior Member
i thought your post was great and well worded. but i did giggle at "gentle readers".:D

there are a few case law sites you can look up prior cases. one is findlaw.com.

wait around for other sites other seniors might post as well.
 

CourtClerk

Senior Member
You will need medical records, diagnosis and long term prognosis. Those are the first things that come to mind. I do, in fact disagree with the picture of the child being used. Family law is about law. Feeling sorry for you, the child and/or the situation has no part in making a judgment.
 

BarbaraFromBost

Junior Member
Thank you!

Thank you for being gentle and helpful!

IsabellaSoriano> ...one is findlaw.com
Usually Google will have a few results from findlaw and I have found it very helpful in the past. There were no findlaw cases in the results this time, however now you remind me of it I will do a more focused search there.

CourtClerk> You will need medical records, diagnosis and long term prognosis.
That is exactly the kind of information I am looking for! I have a recent copy of the medical records. I will ask the doctor for the long term prognosis.

Thank you once again.
 

Humusluvr

Senior Member
Thank you for being gentle and helpful!

IsabellaSoriano> ...one is findlaw.com
Usually Google will have a few results from findlaw and I have found it very helpful in the past. There were no findlaw cases in the results this time, however now you remind me of it I will do a more focused search there.

CourtClerk> You will need medical records, diagnosis and long term prognosis.
That is exactly the kind of information I am looking for! I have a recent copy of the medical records. I will ask the doctor for the long term prognosis.

Thank you once again.
Divorce Source: THE DUTY TO SUPPORT ADULT DISABLED CHILDREN

Helpful reading, possibly.

Good luck to your daughter!
 

BarbaraFromBost

Junior Member
NH state statue regarding extending support for disabled children

In following up on Humusluvr's very helpful pointer, I found that NH has a statute that applies in this case:
N.H. Rev. Stat. §461-A:14, IV, “…If the order involves a disabled child, the court shall
specify the duration of the order, which may be beyond the time when the child
reaches the age of 18.”

This site provides a state-by-state list of statutes regarding this issue:
Age of Child Support Termination by State Exceptions for Adult Children with Disabilities

Thank you again for your help!
 
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Humusluvr

Senior Member
In following up on Humusluvr's very helpful pointer, I found that NH has a statute that applies in this case:
N.H. Rev. Stat. §458:35-c, “…If the order involves a disabled child, the court shall
specify the duration of the order, which may be beyond the time when the child
reaches the age of 18.”

This site provides a state-by-state list of statutes regarding this issue:
Age of Child Support Termination by State Exceptions for Adult Children with Disabilities

Thank you again for your help!
That is an excellent resource for our readers.

Thanks!

And best of luck to you guys.
 

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