If you have an Adult Child with Disabilities, here’s what you need to know about Child Support.

If you have an adult child with disabilities, then navigating the landscape of their benefits and the child support laws in Texas is paramount to your life. The unique obstacles your child faces can manifest in diverse ways, impacting their level of dependency. Your primary concern remains ensuring your child’s well-being.

Traditionally, child support obligations cease at age 18 or upon high school graduation, whichever occurs first. As to most things, there can be several exceptions to this rule. The determination of resources considered and the corresponding support amount varies case by case, underscoring the importance of collaborating with legal counsel to pursue optimal outcomes. Under specific circumstances, custody and support arrangements can be subject to modification.

In cases involving a disabled adult child, the Texas Family Code carves out distinctive provisions that deviate from standard child support laws. Let’s explore how these provisions set such cases apart.

Child Support Modification for an Adult Disabled Child

There are a variety of circumstantial changes that can happen in a child’s life that make child support modification possible, but in most cases child support ends when the child becomes a legal adult. Texas law, however, allows for unique modifications to meet the needs of a family with a disabled child into adulthood.

According to Texas Family Code, child support can be extended indefinitely if a disabled child:

• Requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support; and
• The disability exists, or the cause of the disability is known to exist, on or before the eighteenth birthday of the child.

A judge will ultimately decide whether to order one or both parents to provide financial support to the child, and in some cases will even order that support be paid directly to the disabled adult child if this proves to be best and viable.

This modification avenue serves as a safeguard, preventing one parent from shouldering the entire financial responsibility of tending to their disabled adult child. The demanding care needs of a disabled adult child might demand perpetual attention, rendering it unfeasible for their caregiver to maintain employment and generate income.

Moreover, the exorbitant medical expenses associated with caring for a disabled adult child could overwhelm a single parent’s resources. Through the modification of the child support agreement, your child can persist in receiving vital support post their 18th birthday.

How Much Will You Owe in Child Support?

Determining child support costs in Texas is rarely cut and dry, and extended support for an adult disabled child is no exception. A wide range of variables will be taken into consideration by the court before an amount is settled upon. If, for example, one party has lower income or generally limited resources, exceptions are available to make the financial burden feasible.

When it comes to determining child support for an adult disabled child, a judge will typically apply a needs-based assessment. The judge will give special attention to:

• the existing and future needs of the adult disabled child, and the costs involved
• the financial resources available to both parents to meet the needs of the adult disabled child (including a lost ability to earn due to constant supervision)

The goal of the court is to seek fair and reasonable arrangements, with a thorough consideration of each factor, while also pursuing the best interest of the child. It’s important, however, to consult with your lawyer at each step of the process to secure the best outcome for you and your child.

New Laws Based On Family and Protective Services

Recent laws have outlined more clear guidance for cases in which the Department of Family and Protective Services must intervene for the well-being of the child. The Department of Family and Protective Services (DFPS) may be called upon to become the temporary or permanent conservator of a disabled child if the parents have demonstrated an inability to properly care for the child.

• If the DFPS becomes the temporary managing conservator of a disabled adult child, then the court may order either or both parents to provide periodic support payments. If the DFPS becomes permanent conservator, but the parents’ rights have not been terminated, the court will order each parent who is financially able to make periodic payments.
• An Amendment made in September of 2021 also specifies that if the court renders an order to modify the child support arrangements with the DFPS, the court must provide notice of the order to the attorney general no more than 10 days from the day the order is rendered.

The Importance of Clear Guidance

As family lawyers, we know that every child support case is unique, and for a family with a disabled adult child, support can quickly become complex. It’s important not to navigate these challenges alone.

At Capps Law, we have been recognized as a leading attorney in Texas Family Law, and our deep knowledge and experience in custody cases makes us a powerful advocate to have at your side. Meet with us, and let us provide guidance on the next steps to take for your child.

If you would like to discuss your family law matter and/or any concerns that you may have about whether or not you are ready to file for divorce, contact our office or call our office at (512) 338-9800.

Notice
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.