Child support for disabled daughter.`

Child Support 12 views 4 answers
My wife and I are divorced. I have full custody of our minor child, 10 yo, with no child support from former spouse. Former spouse and I have joint guardianship over our 21 yo daughter, totally disabled since birth, 21 yo daughter lives with mother, has nurses come into home to help care for her, 16 hours a day. Can I be forced to pay for disabled daughters care?

Attorney Answers

4
Evan Koslow ·
It is possible. However, if you have sole custody of your 10 year old, depending on a lot more information that was not provided it could either be a wash (meaning neither of you owe the other) or it will reduce the amount that is owed (by either of you). child support can only be awarded retroactive from the date one of you files for child support for either child.
0 upvotes
Melissa Heinig ·
This is a tough situation. I would suggest that you hire an attorney in your area to assist you with your case.
0 upvotes
Jeffrey Henry ·
Sounds like she would fit the definition of a disabled adult child under the statute, so yes, you could be forced to pay child support, but not necessarily the cost of her care. It would be decided just like child support for a minor child as far as the amount goes not based on actual costs
0 upvotes
Kathleen Mary McLaughlinFamily Law AttorneyAnnapolis, MD ·
I believe the Court looks at any income i.e. social security disability etc. that the adult disabled child receives, and balances it with her financial needs in order to figure out what support she should receive. Your income and ex-wife's income will also be analyzed. I do not believe the Court uses the child support guidelines for adult disabled children. If this goes to Court, your wife will be ordered to pay you child support based upon guidelines to you due to your having custody of the 10 year old, and you in turn may have to pay some support to the adult child depending on above factors. Your support should be paid into a trust account etc. to make sure it goes directly to adult disabled child's daily needs.
0 upvotes

People Also Asked