Child Support for a Disabled Child

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 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.