The Office of the Attorney General has broad powers to file a child support action. These powers include filing a new case, filing a suit for modification, or a suit for enforcement. However, as we’ve discussed before, there are special provisions when child support for adult disabled children is the issue.

In a recent case the Attorney General filed a suit to modify the child support obligation of a Harris County father for the benefit of his two disabled children who were each no longer under the age of 18. The father’s child support attorney reviewed the law and challenged the authority of the Attorney General to file the child support modification lawsuit.

The Texas Family Code specifically outlines which individuals have the authority to file a lawsuit for child support for adult disabled children. These individuals are:

1. a parent of the child or another person having physical custody or guardianship of the child under a court order;  or
2. the child if the child: (a) is 18 years of age or older; (b) does not have a mental disability;  and (c) is determined by the court to be capable of managing the child’s financial affairs.

The statute does not mention the Attorney General and after careful consideration the court found that the Attorney General does not have inherent authority to file a lawsuit concerning child support for an adult disabled child. The outcome may have been different if an individual who did have proper authority assigned their rights to the Attorney General.

This case is an important reminder that the Attorney General makes mistakes and even they are not above the law. If you want something done right then consider an experienced child support lawyer. Contact us today at (832) 592-7913 if you need legal help with your Montgomery County child support case.

If you would like additional information, check out our free Woodlands Divorce Guide.

A household where one or sometimes both parents are disabled faces many challenges. Trying to make ends meet on a modest income is never easy. After a divorce in Montgomery County, Texas there may be a new monthly expense, child support. How does a parent receiving disability benefits afford child support? How does your child get the support it needs if one parent is unable to work and receiving disability benefits?

Many families have faced this issue before. The general rules is that if the child Read more…

A child support order in Montgomery County usually ends when the child reaches the age of 18. Families caring for a disabled child face special challenges and the law allows for child support to continue past the age of 18 in the case of a disabled child. In fact, a court can order child support indefinitely.

Does your child have to be in an institution?

No, a court can issue a support order regardless of if your child is at home or in a facility.

What is required to obtain child support for a disabled child?

Your divorce attorney in The Woodlands must prove to the court that your child requires substantial care and personal supervision because of a mental or physical disability and will not be capable of Read more…