Legal Question in Family Law in California

who decides adult child disability

Stepchild is 18 and wants child support from dad, claiming he is too disabled to work. He has ADHD (refuses to take his meds), a writing learning disability, and social issues. He was in a residential program for 2 years because he couldn't get along with others. He had a special education IEP. He volunteered 3 hours a day each day during his senior year and worked at the residential program. He does not want to work or go to school fulltime so he can play video games and hang out with friends. His mom wants the money. Who decides if he is capable of working and sustaining himself? Who files for the support--the adult child or his mother? Shouldn't he have to apply for SSI first? It doesn't seem fair that a child or mom can get unlimited support for this! This is just an attempt to get money and not work.


Asked on 8/19/06, 3:14 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: who decides adult child disability

Typipcally the parent makes the request. It does not sound like this is a dependant adult. A Superior Court judge would make that decision based upon expert testimony. Wait until someone files a motion and otherwise I would disregard the request.

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Answered on 8/21/06, 10:54 am


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