Should I still continue the disabled adult child support? 3 Answers as of August 29, 2013

1. Is it true that I MUST continue to adult child support forever to my ex wife for the support of our non-verbal autistic 17 year old child? (She plans to keep him at her home) 2. Does the current child support automatically continue at the same pay rate and terms once my child reaches 18? In other words, how do they calculate what I pay? Do they USE the DISSOMASTER to calculate my support payment? 3. Why does SSI and SSDI not cover all the expenses for our child once he is 18? (I know of people who don't pay one expense for their child to be in a group home because they receive benefits) 4. Are my two under 5 years of age kids in my current marriage a factor on the amount, I can pay for my disabled child? 5. What are the things I can do to reduce the amount of adult child support I pay besides increasing the amount to time spent with my child? 6. At what point do I need an attorney to walk me through this process?

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John Russo | John Russo
You should have an attorney now, but with that said here is how it works in my jurisdiction , matter of fact it was a case I had back in the late 80's early 90's that set the case law here in RI on this issue. Here the law is 18 and have graduated high school, but never beyond their 19th birthday, the case I had was a severely handicapped child, our Supreme Court said that there are times that the court must look outside the statute and use common sense and this was one of those times, so they ruled that in cases such as mine the support could be continued until the child's 21st birthday, but that was it, so you will need to see what your jurisdiction states on this, the only way to push this is to file a motion to suspend child support when your child turns 18 and see where the court goes with it, but the support will not be based on an adult formula, and will be the basic child support formula, also you are entitled to a credit for your two children you have now against what you pay, also most jurisdictions will not look at SSI or SSDI payments that the child receives, the only time you get a credit there is if you were receiving the benefits, the reason being is because the child would be receiving a dependency benefit from your benefits. I doubt she will get lifetime child support but there could be an additional 2 or 3 years.
Answer Applies to: Rhode Island
Replied: 8/29/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
That way you can also discuss the specific facts of your case. Support may be ordered past the age of majority for your 17-year old but there are many statutory factors that go into it. Also, SSI and SSDI benefits could be considered an offset to the child support obligation under the guidelines. Your children from your current marriage are also factored into a child support calculation.
Answer Applies to: Arizona
Replied: 8/29/2013
Padove Law | Burton A. Padove
Your situation is far too complex for a forum such as this. I suggest that you contact a local family law attorney to discuss the particulars of your case. Good luck.
Answer Applies to: Indiana
Replied: 8/29/2013
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