Child Support For Disabled Minors

While it is common to refer to disabled people as having “special needs,” in truth, their needs are the same as anyone else’s, though they may require more help or resources to meet. That said, the needs of a disabled child may require a somewhat unorthodox parental responsibility arrangement for Florida parents. Normally, a child support obligation will end when a child reaches the age of majority, but in some cases, it may be extended to support a disabled child who cannot support themselves.

Are They Dependent?

In most cases, a parent’s child support obligation will only last until their last child turns 18 (or, if they will still be in high school after this birthday, support may be granted until they turn 19 or they complete secondary education). However, the law allows a support obligation to be extended – sometimes for the entire lifespan of the disabled person – if certain criteria are established to a court’s satisfaction.

The key criteria that one must show is dependence – in other words, there must be sufficient evidence to show that a newly-adult disabled person will never be able to support themselves independently as a direct result of their disability. In addition, it must be shown that the disability started before the age of 18, and this evidence must be shown to the court before the child ages out.

Potential Issues With Other Benefits

Requiring parents to support their disabled offspring for life is uncommon, but not unheard of, and can be a lifesaver in cases where a disabled person requires extensive support. However, it is important to keep in mind that this support may cause other benefits, such as Supplemental Security Income (SSI), to be lessened or even denied. The government will only grant benefits up to a certain dollar amount, and if the applicant for benefits already receives some income, the government will provide less.

That said, it is possible to structure a disabled person’s finances in a way where this is not an issue. An attorney well versed in this area of law may be able to ensure that many means-tested benefits are still receivable even if a child support obligations continue. Because U.S. law still imposes a fairly harsh asset limit on disabled people, it is often necessary to consult experts to ensure that a disabled person stays above the poverty line without breaking the law.

Contact A Hollywood, FL Child Support Attorney

Going through a dissolution of marriage is never easy, but it is crucial to ensure that your children – particularly those with disabilities – are protected financially. A Hollywood, FL child support attorney from the Law Offices of Steven A. Mason, P.A. can answer any questions you may have about this potentially complex issue. Call our office today at (954) 963-5900 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html