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.

Many families have faced this issue before. The general rules is that if the child receives benefits as a result of the parent’s disability, then the parent should be eligible for a child support reduction. The amount of the reduction is equal to the value of benefits the children receive from the disability benefits program. If the child does not receive benefits as a result of the parent’s disability, then the disabled parent may not qualify for this reduction. In either case, your the Woodlands Divorce Attorney can explain to you the impact of disability on your divorce case.

The specific process the Conroe Divorce Court will follow if disability benefits and child support are contested issues in your Woodlands Divorce are:

1. First, the court will determine if the parent has a disability and if the parent is required to pay child support;
2. Second, the court will determine if the child receives benefits as a result of the parent’s disability;
3. Next, the court will apply the child support guidelines to determine the amount of child support that would be ordered under the child support guidelines regardless of the parent’s disability; and
4. Lastly, the court will subtract from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the parent’s disability.

Speak with a Woodlands Divorce Lawyer today if you need help figuring out the impact one parent’s disability will have on your divorce case.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Spring, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

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 self-support and that the disability exists, or the cause of the disability is known to exist, on or before the eighteenth birthday of your child. This is a different standard of proof than in “normal” child support claims.

How much child support can be received?

In determining the amount of support to be paid after a child’s eighteenth birthday, the
specific terms and conditions of that support, and the rights and duties of both parents
with respect to the support of the child, the court shall determine and give special consideration to

1. any existing or future needs of the adult child directly related to the adult child’s mental or physical disability and the substantial care and personal supervision directly required by or related to that disability;
2. whether the parent pays for or will pay for the care or supervision of the adult child or provides or will provide substantial care or personal supervision of the adult child;
3. the financial resources available to both parents for the support, care, and supervision of the adult child; and
4. any other financial resources or other resources or programs available for the support, care, and supervision of the adult child.

Child support for a disabled child is an important issue. Speak with a Montgomery County divorce lawyer today if you need help with child support for your disabled child.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today.