Child support usually lasts only until a child reaches legal adulthood or graduates from high school. However, longer-term child support may be appropriate if a child remains dependent on their custodial parent due to a disability.
When you have a disabled child and live apart from your co-parent, permanent child support in Southbury may be an option. Work with a skilled child support attorney when negotiating your divorce settlement to ensure you will have adequate resources to provide your child with the care they need.
Per Connecticut law, child support terminates when the individual turns 18 or graduates from high school, whichever occurs later. A parent’s obligation ceases when a child turns 19, even if the child is still in high school. Sometimes, parents agree to pay support after the statutory obligation ends, but that is a voluntary decision.
When a child has disabilities that keep them dependent on their custodial parent, a different arrangement is appropriate. The custodial parent should not bear the entire financial burden of supporting an adult child alone. A Southbury attorney can explain whether permanent or supplemental child support is available in a specific case.
Up until 2023, child support orders for children with disabilities could be extended until the child turned 21. An amendment to Connecticut General Statutes § 46b-84 allows a judge issuing a child support order on or after October 1, 2023, to order child support until the child turns 26 if certain legal requirements are met.
Long-term child support for disabled children is called supplemental support. It is available only when the child qualifies as disabled under specific provisions of the law. A Southbury attorney can review a child’s medical records with a parent to determine whether they meet the criteria for supplemental support.
A custodial parent seeking supplemental support must also demonstrate that they support the child. In other words, the child must live with the parent and be dependent on them for their basic needs.
A congenital disability or one that resulted from an accident or illness can qualify a child for permanent child support. The disability must be chronic and physical and can include deafness, epilepsy, or any other condition that makes the child reliant on an assistive device.
A child may qualify for supplemental support if they have an intellectual limitation paired with deficits in learning adaptive behaviors. The limitation must have developed before the child turned 18 and must be provable with appropriate clinical and developmental tests.
A child who has a diagnosis of a mental disorder may be entitled to supplemental support. However, the condition must appear in the most recent volume of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders.
People who get a divorce when their children are young may not yet know whether a child with developmental disabilities will be able to support themselves or live independently. Sometimes accidents and illnesses during childhood lead to physical disabilities, and many mental health diagnoses cannot occur until the children are past adolescence.
When it becomes clear a child has become disabled, a parent could ask for a modification of child support. One way to preserve the right to seek supplemental support for an adult child with disabilities is to ask the court to retain the jurisdiction to issue child support orders even after the child reaches the age of majority.
A judge cannot force the parent of a disabled child to provide financial support after the child reaches age 26. However, when a child cannot live independently, parents can enter voluntary agreements to provide for their child for their lifetimes. An experienced lawyer can help parents craft an agreement that ensures their child’s needs are met and they receive appropriate care.
Caring for an adult child whose physical or mental condition prevents them from being self-supporting is a difficult reality for many families. Both parents should contribute to the child’s financial support.
Speak with one of our firm’s experienced family lawyers about permanent child support in Southbury. They can review your situation, explain your legal options, and help you ensure your child has appropriate care.
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