Legal Question in Family Law in California
Term of child support when child is handicapped
I have two children from my previous marriage and terms of child support payment are the same for both of them- until age 18. One of them, however, is handicapped, and I wonder whether I can ask for child support to continue until she reaches 21.
2 Answers from Attorneys
Re: Term of child support when child is handicapped
Without being facetious, you can ask for anything but receiving is very often another matter. However, in your case support beyond the age of 18 may indeed be very possible - depending, of course, upon the nature and extent of the child's hanicap.
If it can be shown that the child will need support for a further period of time, Family Code Section 3910 states that both parents have an equal obligation to maintain, to the extent of their ability, a child of whatever age, who is incapacitated from earning a living and without suficient means.
If your child is nearing the age of 18 and you believe he/she will satisy the above-stated criteria, ie: "incapacitated from earning a living and without sufficient means", please retain the services of a competent family law attorney to assist you in helping your child.
Best Regards, Damian Nolan.
Reply: Term of child support when child is handicapped
California Family Code Section 3910 provides the specifics for child support for "disabled adult children" of a marriage. If you would like a copy of that section and can not find it on the internet, send me an e-mail and request a copy and I will be happy to send it to you.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com