Other Family Issues Article
Child Support and Disabled Children Becoming Adults
In Arizona, child support typically ends when a child turns 18 or graduates from high school, whichever happens last. When a child has a disability, however, a parent’s responsibility to contribute support may continue, even beyond the age of 19.
Since 1973, Arizona law gives family court judges the discretion to order a reasonable amount of support for the necessary expenses of a disabled adult. This special form of support is paid by the parent who is not primarily responsible for the care of the disabled person (the non-custodial parent/obligor) and is paid to the primary residential caretaker (the custodial parent/obligee).
Although the disabled person is an adult, Arizona uses the child support guidelines as a means to assure that the costs of caring for a disabled adult is shared between both parents. As a result, an order for a disabled adult may look substantially similar to a child support order. For example, Arizona judges use the child support worksheet to calculate the appropriate amount of support (available to the public online at http://www.azcourts.gov/familylaw/2015-Child-Support-Calculator). The non-custodial parent may be ordered to make payments through the Arizona Child Support Clearinghouse. Any unpaid arrears may accrue interest and may not be dischargeable in bankruptcy.
To begin the process, the custodial parent files a motion in an existing family court case. The same superior court case is used when the parties initially filed for divorce or filed for parenting orders (in non-marital cases). In some circumstances, the family court can order a non-custodial parent to pay support even if no family court case existed during the disabled person’s childhood.
Before a court will order support, a parent needs to be named the legal custodial parent of an emancipated child. This critical step is typically handled by the probate court and assures two important factors have been considered: 1) the emancipated person is physically or mentally disabled and is unable to financially provide for herself and 2) a parent has been given legal authority to care for the disabled person.
The family court judge will also evaluate whether the disabled person’s disability began before she reached the age of majority. This element may be difficult to prove in mental illness cases, especially if no diagnosis was made until after the child turned 18. Medical documentation and expert testimony may be needed to prove that the person suffered the disability as a child.
A family law or probate law attorney may be helpful in determining whether a family support order is appropriate. If you choose to consult with a lawyer, bring all relevant documentation, including: child support orders for the disabled person and any other minor children, prior probate court orders, recent and past medical documentation related to the disability, proof of ongoing medical expenses, proof of ongoing care related expenses, proof of any social security award, proof of costs of insurance premiums, recent paycheck stubs, recent tax return statements and any other information that may be relevant to the case.
Contributing Attorney Writer: Marty Zalevsky is an attorney at Donaldson Stewart P.C., where she practices in family and juvenile law.
Comments:
QUESTIONS
-
questions on legal aid for minors in grade school
-
My ex husband has stopped paying me spousal maintenance. He quit m his job and is now saying he has applied for disability. He lives out of state. What can I do.?
-
I cheated on my husband and now i'm pregnant. My husband & I are fixing things and decided we do not want a DNA test for father paternity. The person who I had an affair with was also with someone else- he preferred abortion to solve "the problem" I refused- he stood with his 10 long year girlfriend and did not tell her anything. 1 Month later & now he is interested because his girlfriend found out and will leave him only if they child is his. He did not want anything to do with this child i refuse to DNA unless ordered through court. Want to see if its possible for him to give up his rights.
-
If we own a house together, and i wanted to keep the house after thedivorce, is it possiable? I work from my home and i have paid the house payments for the past 6 years.
-
Does the Family Medical Leave Act cover taking time off for an in-law that needs help for medical care?
-
I'm 78 years ol my 50 year old son lives with me. There is no lease signed but I want him out he does not help with bills. Can i throw him out of my house.
-
When a spouse passes away and has debt in his/her name only, like credit cards, and or contractual obligations for satellite services or cell phone service that charge fee for early termination, etc.- is the remaining spouse responsble for that debt and fulfilling contractual obligation?
-
My son purchased a home for me. I have lived in it for 16 months. Now he wants me out of the house. Everyone knows the House was given to me. My other son lives with me. When he closed on the Home he put it in an LLC. Not sure if my name is on the LLC or not. I honestly did not think about it at time of closing. It’s a townhome in Scottsdale. I’m on SS and have limited income. My son was diagnosed with mental disorders recently
-
My boyfriend owes almost $100,000 to the State of California. He is paying off the welfare that his ex wife was on. His paychecks are garnished and as of a few days ago his bank account was too. I was planning on joining the Navy in the spring and we wanted to get married. My question is: Will his child support debt transfer to me?Will they be able to garnish my wages and bank account? Will any of this be put on my credit score?
-
My common law husband and I build our life together for 14 years and had 3 children. We separated for a year. We got back together and a few months later he passes away. Can I validate marriage? His adult unemployed children gain access to our belongs. they barred me from everything. I have our minor children.
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- American Civil Liberties Union of Arizona
View full description - Volunteer Lawyers Program - Maricopa County
View full description - Catholic Community Services in Southeastern Arizona
View full description - Arizona Foundation For Legal Services & Education
View full description - Glendale Victim Assistance
View full description
RELATED ARTICLES
Where to Find an Attorney for Specific Legal Advice
How to Represent Yourself in Maricopa County Part 1: Initial Filings
How to Represent Yourself in Maricopa Family Court Part 2: Default Through Discovery
Services Offered by Arizona Department of Child Support Services (DCSS)
Federal and State Tax Exemptions for Dependent Children: Who gets to claim them?