Legal Question in Family Law in California

child support for handicapped 18 year old

I have a daughter that is severly handicapped with cerebral palsy/spatic quadrapaligic. She is home schooled for the past year due to illness. She is enrolled in summer school this coming summer. Her biological father has stopped paying any court ordered support becuase he now states that she is an adult. (he did not pay the full amount previously, and that has been turned over to the state support division.)He is also producing a forged document which he says I agreed to lower the support until she was 18 and wipe out all previous arrearages. What are the state laws regarding this? Is he correct?


Asked on 3/07/02, 2:47 am

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: child support for handicapped 18 year old

If she is still enrolled as a high school student the child support will continue. Further he may be required to support the child, even though the child is an adult, if she is a dependent adult. If he is producing a forged document that says that you have an agreement, how is he using that document? He would need to ask a judge to change the order and that is the only way that child support can be modified. You should probably talk to an attorney about the whole situation as you may need to ask the court to extend support into adulthood. That is probably too complex to complete by yourself. Good Luck, Pat McCrary

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Answered on 3/07/02, 11:07 am


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