faithnlve - re disabled child closed thread

[garrula lingua]

What is the name of your state? CA

Faith, you said child support is not available to a disabled adult-child. Not true in all states.

In California:

FAMILY.CODE
SECTION 3910



3910. (a) The father and mother have an equal responsibility to
maintain, to the extent of their ability, a child of whatever age who
is incapacitated from earning a living and without sufficient means.

(b) Nothing in this section limits the duty of support under
Sections 3900 and 3901.

See also::
Marriage of Drake (1997) 53 CA4th 1139, 1154

I didn’t Shepardize for current cases. I did get CS for an adult child in 1997, but NCP was fairly wealthy (note “sufficient” means)

In Ca, disabled child is also a basis for deviation from uniform guidelines. I haven’t checked the FC, but income of the child is, generally, not used in cs calc. I’m not sure how they’re handling the disabled adult-child’s receipt of SSI (but cs may be higher).

Per ‘google’ there are similar laws and ongoing efforts to cover this problem in other states; some extend the period of support for a few years only, some only for medical coverage.
http://www.divorcesource.com/research/dl/childsupport/01jun119A.shtml

http://www.divorcesource.com/research/dl/childsupport/01jun119A.shtml

http://library.findlaw.com/1999/Oct/1/131505.html

Anyone with a disabled child should stay attuned to any changes in child support calc.

 

[casa]

What is the name of your state? CA

Faith, you said child support is not available to a disabled adult-child. Not true in all states.

In California:

FAMILY.CODE
SECTION 3910



3910. (a) The father and mother have an equal responsibility to
maintain, to the extent of their ability, a child of whatever age who
is incapacitated from earning a living and without sufficient means.

(b) Nothing in this section limits the duty of support under
Sections 3900 and 3901.

See also::
Marriage of Drake (1997) 53 CA4th 1139, 1154

I didn’t Shepardize for current cases. I did get CS for an adult child in 1997, but NCP was fairly wealthy (note “sufficient” means)

In Ca, disabled child is also a basis for deviation from uniform guidelines. I haven’t checked the FC, but income of the child is, generally, not used in cs calc. I’m not sure how they’re handling the disabled adult-child’s receipt of SSI (but cs may be higher).

Per ‘google’ there are similar laws and ongoing efforts to cover this problem in other states; some extend the period of support for a few years only, some only for medical coverage.
http://www.divorcesource.com/research/dl/childsupport/01jun119A.shtml

http://www.divorcesource.com/research/dl/childsupport/01jun119A.shtml

http://library.findlaw.com/1999/Oct/1/131505.html

Anyone with a disabled child should stay attuned to any changes in child support calc.

The adult disabled child would be eligible for SSDI/SSI and the Payee would be the parent or institution which is caretaking of them (Guardians)... and it would be counted in their income & expense declarations as income in a CS case.

 

[garrula lingua]

Casa,
if the NCP can provide cs greater than the amount of SSI, the disabled-child-adult can continue to receive child support, correct ?

Also, a disabled child is a basis for deviation from the standard, correct ?

 

[casa]

Casa,
if the NCP can provide cs greater than the amount of SSI, the disabled-child-adult can continue to receive child support, correct ?

Also, a disabled child is a basis for deviation from the standard, correct ?

It depends, but Yes, it sometimes happens.

And, yes it is a basis for deviation from the standard.