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Ending child support with disability

DanielT64

Junior Member
#1
What is the name of your state (only U.S. law)? Texas

My child graduates high school in 13 months and will be 18 years old. Typically my child support responsibility would end at graduation. However, a few years ago he was diagnosed with diabetes type 1. My child’s mother now said that because he is “disabled” due to diabetes, my child support would continue through his college. Other than him having to manage his insulin, there’s no other impact on him at this time. My question is: is it black and white, because my child was diagnosed with diabetes, do I have to continue to pay his mother child support beyond his high school graduation?
 


LdiJ

Senior Member
#2
What is the name of your state (only U.S. law)? Texas

My child graduates high school in 13 months and will be 18 years old. Typically my child support responsibility would end at graduation. However, a few years ago he was diagnosed with diabetes type 1. My child’s mother now said that because he is “disabled” due to diabetes, my child support would continue through his college. Other than him having to manage his insulin, there’s no other impact on him at this time. My question is: is it black and white, because my child was diagnosed with diabetes, do I have to continue to pay his mother child support beyond his high school graduation?
No, it is not black and white. It is possible for someone's diabetes to be severe enough to cause them to be considered to be disabled but its also possible for diabetes to be just a relatively minor factor in a person's life...and everything in between. Your child's mother would have to take it back to court to get a judge to order child support to continue past graduation.

Is your son collecting SSI? If so, that would tend to indicate that he is disabled in the eyes of the government.
 
#3
Millions of people live normal lives with insulin-dependent diabetes. I would be more concerned about letting his insurance lapse.
 

LdiJ

Senior Member
#4
Millions of people live normal lives with insulin-dependent diabetes. I would be more concerned about letting his insurance lapse.
That is a very good point. Letting him stay on your insurance until he is 26 or can obtain other insurance through a job or something would be critical.
 
#5
Even with insurance paying for drugs, the co-pays for insulin can be quite high. Is this contributing to the request to extend CS?
 

DanielT64

Junior Member
#7
No, it is not black and white. It is possible for someone's diabetes to be severe enough to cause them to be considered to be disabled but its also possible for diabetes to be just a relatively minor factor in a person's life...and everything in between. Your child's mother would have to take it back to court to get a judge to order child support to continue past graduation.

Is your son collecting SSI? If so, that would tend to indicate that he is disabled in the eyes of the government.
My son is not collecting SSI. I agree with the comments about insurance and maintaining coverage. He’s had no other complications since his diagnosis.
 

LdiJ

Senior Member
#8
My son is not collecting SSI. I agree with the comments about insurance and maintaining coverage. He’s had no other complications since his diagnosis.
Then I do not see how mom could win a suit to continue child support based on disability. How expensive are his meds (out of pocket)?
 
#11
That is true.

The diabetics I know, including myself, do not consider this to be a disability but an inconvenience and a drain on finances for meds.

However, some effects are such that they are significantly disabling. These are of such a obvious nature that I cannot imagine this being an issue just for support during college but should be for a lifetime. OP did not indicate that mother had asked for anything really long term.
 

HRZ

Senior Member
#12
Stop taking legal advice from Mom and read the TX rules re child support...the definition in there is the one that matters and it most certainly is not a back door way to gather college expenses unless you listen to Mom

Being insulin dependent is rarely a valid reason to be unemployable ...( some specific career options excluded )

It makes sense if you have available cost effective insurance to provide it...but absent an order on point , past 18 or HS graduation, you have no duty to be first in line to pay any co pays .

Some of my much younger friends earn far more at 18 or so right out of HS than thier slightly older college educated friends ...college per se is not a guaranteed positive return on investment for everybody . Work is an option !
 
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