Legal Question in Family Law in California
I have an 18 year old daughter who has Smith-Megenis Syndrome and who is currently conserved. My ex-husband is stopping child support payments for her because she is currently receiving SSI. Is there any way I can fight this? If not, if he is not paying for anything for her anymore, does he have any say on the decisions I make for her?
1 Answer from Attorneys
Child support is payable until the child is 18 or 19 and still a full time high school student. Parents can be ordered to pay child support for disabled adult children unable to provide for their own support, which is a separate obligation. The SSI received as a result of the disability would be factored into any calculation for ongoing support. However, the right to make decisions or be consulted in making decision is not affected by a willingness or failure to pay support. In any case, if a conservatorship is in place only the conservator, sometimes only with court approval, is entitled to make decisions for the conservatee.