If you have a minor child, you know that child support will cover his or
her needs until the age of adulthood. However, what happens when your
child is an adult and has disabilities? Oftentimes, children with special
needs and disabilities continue to need extensive care and help even as
the years continue to pass. In Texas, generally, parents are only legally
obligated to support a child until the age of 18 or until he or she stops
going to high school. However, there are circumstances in which this is
not always the case.
According to Texas law, if the child is disabled for an indefinite period,
it is possible for support to continue.
Court Ordered Support for a Disabled Child
The court can potentially order one or both parents to provide support
for a child for an indefinite amount of time if the court finds:
- The child, regardless if he or she is institutionalized, requires substantial
care and personal supervision because of a mental or physical disability
and will be unable to self-support
A disability exists, or the cause of a disability is known to exist, on
or before the child’s 18th birthday
How Much Child Support Can a Court Order?
To determine the amount that is to be paid after the child’s 18th birthday, the court will consider some of the following:
- Any of the child’s existing or future needs that relate to his or
her mental or physical disability and the substantial care and personal
supervision that is required for it
- Whether the parent currently pays or will pay for the care or supervision
of the adult child or will provide substantial care or personal supervision
- The financial resources that are available from both parents
- Any other financial resources that are available for the support, care,
and supervision of the adult child
Proof of the Needs of the Child
You will also have to provide proof regarding the needs of the adult child.
The questions that would need to be addressed include:
- If the child had the disability prior to turning 18
- If the child requires substantial care and supervision because of a mental
or physical disability and is not capable of self-support
Child Support Attorney in Houston
At the Law Office of Kathryn Marteeny, our team of
child support attorneys in Houston is backed by over three decades of legal experience
and a proven track record of success. If you are seeking support for your
adult child in Houston due to mental or physical disability, you need
to reach out to our law office today for the assistance you need.
Get started on your case today and
contact our law office at (713) 936-2300 to request a case evaluation.