Legal Question in Family Law in California
My sister has a 18 year old special needs child. Last year she hired a lawyer to get the proper documents in order so that her daughter can receive social security entitled to her. When my sister started receiving ssi checks for her daughter, her ex- husband said he longer needs to pay her child support. Is that true? To make matters worse my sister pays for her medical expenses, her daycare, and has her 80% of the time. The check that she receives from ssi does not even cover her daughters day care expenses. In this case does she have any right to receive child support?
1 Answer from Attorneys
She may, but once the child has turned 18 she must either already have or go to court and get a special needs extension of child support. It is not automatic. The default is support ends at 18.