RE: child support after child turn 18

[Guest guest]

I'm not an attorney, but here's a clip from an attorney's website -

it seems to indicate that if the court recognises that the child is

not capable of supporting him/herself then child support may be

continued.

Court-Ordered Child Support for a Disabled Child

A child support order for a disabled child can be indefinite - ages

19, 24, 25, etc. There is no cut off for graduation from high-school

or 18th birthday.

In order to obtain disabled child support, the child must suffer from

a mental or physical disability that has rendered the child incapable

of self support and requires substantial care and personal

supervision.

The disability or the cause of the disability must be know to exist

before the child's 18th birthday.

If these requirements are met, then a suit for disabled child support

may be filed at any time regardless of age as an independent cause of

action.

In determining the amount of support, the court shall consider any

existing or future needs of the child, whether the parent pays for or

will pay for the care or supervision of the adult child; the

financial resources available to both parents, and any other

financial resources available for the support, care and supervision

of the child.

http://www.dallas-divorce-lawyer.com/dallas_child_support.htm#Court-

Ordered%20Child%20Support%20for%20a%20Disabled%20Child

>

> Hi everyone I am new to this group. I am a single Mother of twin

15 year old autistic boys. I have been divorced for 10 years. My ex-

husband is taking me to court because he wants to stop child support

after our children turn 18. I have talked to a mother of a 30 year

old mentally retarded/autistic son and she tells me that there is no

way that the child support can be stopped. Has anyone out there ever

gone through this? I would like to hear how and what was done.

Thanks.

>

> becky =)

>

>

>

>

> ---------------------------------

> Get the free Yahoo! toolbar and rest assured with the added

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>

[Guest guest]

I'm not an attorney, but here's a clip from an attorney's website -

it seems to indicate that if the court recognises that the child is

not capable of supporting him/herself then child support may be

continued.

Court-Ordered Child Support for a Disabled Child

A child support order for a disabled child can be indefinite - ages

19, 24, 25, etc. There is no cut off for graduation from high-school

or 18th birthday.

In order to obtain disabled child support, the child must suffer from

a mental or physical disability that has rendered the child incapable

of self support and requires substantial care and personal

supervision.

The disability or the cause of the disability must be know to exist

before the child's 18th birthday.

If these requirements are met, then a suit for disabled child support

may be filed at any time regardless of age as an independent cause of

action.

In determining the amount of support, the court shall consider any

existing or future needs of the child, whether the parent pays for or

will pay for the care or supervision of the adult child; the

financial resources available to both parents, and any other

financial resources available for the support, care and supervision

of the child.

http://www.dallas-divorce-lawyer.com/dallas_child_support.htm#Court-

Ordered%20Child%20Support%20for%20a%20Disabled%20Child

>

> Hi everyone I am new to this group. I am a single Mother of twin

15 year old autistic boys. I have been divorced for 10 years. My ex-

husband is taking me to court because he wants to stop child support

after our children turn 18. I have talked to a mother of a 30 year

old mentally retarded/autistic son and she tells me that there is no

way that the child support can be stopped. Has anyone out there ever

gone through this? I would like to hear how and what was done.

Thanks.

>

> becky =)

>

>

>

>

> ---------------------------------

> Get the free Yahoo! toolbar and rest assured with the added

security of spyware protection.

>

>

[Guest guest]

First check your divorce papers: my support continues until my child

is out of school (which will be age 22 for her). Then, YES--you can

petition the judge for support to go on indefinitely.

However, I'm not sure if child support is counted for SSI as the

child's income, since it goes to the parent. The SSI literature is

not clear. Does anyone with SSI know?

child support after child turn 18

Posted by: " Becky Vargas " rebekah422000@... rebekah422000

Date: Sun Jul 1, 2007 2:58 pm ((PDT))

Hi everyone I am new to this group. I am a single Mother of twin 15

year old autistic boys. I have been divorced for 10 years. My ex-

husband is taking me to court because he wants to stop child support

after our children turn 18. I have talked to a mother of a 30 year old

mentally retarded/autistic son and she tells me that there is no way

that the child support can be stopped. Has anyone out there ever gone

through this? I would like to hear how and what was done. Thanks.

becky =)

[Guest guest]

Dear :

Child Support is counted against SSI payments. Most of the child support

payment is deducted from the benefit; only a small percentage of it is not

counted. You'll still end up a few extra dollars ahead. I forgot what that

percentage is.

Vivian

" J. Ruede " wrote:

First check your divorce papers: my support continues until my child

is out of school (which will be age 22 for her). Then, YES--you can

petition the judge for support to go on indefinitely.

However, I'm not sure if child support is counted for SSI as the

child's income, since it goes to the parent. The SSI literature is

not clear. Does anyone with SSI know?

child support after child turn 18

Posted by: " Becky Vargas " rebekah422000@... rebekah422000

Date: Sun Jul 1, 2007 2:58 pm ((PDT))

Hi everyone I am new to this group. I am a single Mother of twin 15

year old autistic boys. I have been divorced for 10 years. My ex-

husband is taking me to court because he wants to stop child support

after our children turn 18. I have talked to a mother of a 30 year old

mentally retarded/autistic son and she tells me that there is no way

that the child support can be stopped. Has anyone out there ever gone

through this? I would like to hear how and what was done. Thanks.

becky =)

[Guest guest]

To Whom it may concern,

I'm a single mom of fifteen year old fraternal twin girls.One of my twins

has autism and she also gets ssi .Social Security Income does not considered

the child support to be part of the child's income.They do however consider

the child support to be apart of the parents income,because it does go to the

parent.

Pesch

mother of and Holly( autism)

************************************** See what's free at http://www.aol.com.

[Guest guest]

In all of my meetings w/SSI officials over 5 or so years the child support I

received was counted as part of my sons's income. A percentage 1/4 in our case

of the child support was counted as his income because I have 4 kids. A

percentage of my income was also counted as his. I may be wrong and open to

correction but thats how I understood it in conversations when I went in each

year for rigorous and humiliating check up with the suspicious denigrating

clerks. Only one lady Ms. Freeman was respectful and non suspicious with me, She

also knew her stuff inside out and was willing to explain it. Even though I

could have used it longer I just wanted to get away from it which made things

tougher on us but hopefully we are coming to more financial stability.

KH1591@... wrote: To Whom it may concern,

I'm a single mom of fifteen year old fraternal twin girls.One of my twins

has autism and she also gets ssi .Social Security Income does not considered

the child support to be part of the child's income.They do however consider

the child support to be apart of the parents income,because it does go to the

parent.

Pesch

mother of and Holly( autism)

************************************** See what's free at http://www.aol.com.

[Guest guest]

In all of my meetings w/SSI officials over 5 or so years the child support I

received was counted as part of my sons's income. A percentage 1/4 in our case

of the child support was counted as his income because I have 4 kids. A

percentage of my income was also counted as his. I may be wrong and open to

correction but thats how I understood it in conversations when I went in each

year for rigorous and humiliating check up with the suspicious denigrating

clerks. Only one lady Ms. Freeman was respectful and non suspicious with me, She

also knew her stuff inside out and was willing to explain it. Even though I

could have used it longer I just wanted to get away from it which made things

tougher on us but hopefully we are coming to more financial stability.

KH1591@... wrote: To Whom it may concern,

I'm a single mom of fifteen year old fraternal twin girls.One of my twins

has autism and she also gets ssi .Social Security Income does not considered

the child support to be part of the child's income.They do however consider

the child support to be apart of the parents income,because it does go to the

parent.

Pesch

mother of and Holly( autism)

************************************** See what's free at http://www.aol.com.

[Guest guest]

Yes the support can be stopped. It depends upon how the degree is written.

Read the decree. If your attorney did not include provisions past 18 you

likely will have to get with an attorney and file a motion to modify the

existing orders which your ex may fight. You would need to start soon. In

general there appears to be a presumption that support stops at 18- but

there is an exception for a disability. If you have not, then pursuing

programs such as class, SSD, etc are indicated.

You can read the Texas family code online.

? 154.302. COURT-ORDERED SUPPORT FOR DISABLED CHILD. (a)

The court may order either or both parents to provide for the

support of a child for an indefinite period and may determine the

rights and duties of the parents if the court finds that:

(1) the child, whether institutionalized or not,

requires substantial care and personal supervision because of a

mental or physical disability and will not be capable of

self-support; and

(2) the disability exists, or the cause of the

disability is known to exist, on or before the 18th birthday of the

child.

( A court that orders support under this section shall

designate a parent of the child or another person having physical

custody or guardianship of the child under a court order to receive

the support for the child. The court may designate a child who is 18

years of age or older to receive the support directly.

Added by Acts 1995, 74th Leg., ch. 20, ? 1, eff. April 20, 1995.

Amended by Acts 1997, 75th Leg., ch. 1173, ? 1, eff. Sept. 1,

1997.

Pete

child support after child turn 18

Hi everyone I am new to this group. I am a single Mother of twin 15 year

old autistic boys. I have been divorced for 10 years. My ex-husband is

taking me to court because he wants to stop child support after our children

turn 18. I have talked to a mother of a 30 year old mentally

retarded/autistic son and she tells me that there is no way that the child

support can be stopped. Has anyone out there ever gone through this? I would

like to hear how and what was done. Thanks.

becky =)

---------------------------------

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