California requires parents to support their disabled children. Here’s what to know about child support for a disabled adult in California.
If an adult has a documented mental and/or physical disability and is, therefore, unable to earn a living, parents may be obligated to pay for child support. California law mandates child support for a disabled adult as a continuation of support payments (if medical officials diagnosed the disability when the adult was a minor) or as an entirely new court order (if the parents discovered the disability after the child’s 18th birthday).
Related: 7 Factors That Determine Child Support in California
Determining When Parents Must Pay Adult Child Support
Unlike typical child support that ends once the child turns 18 years old, child support for disabled adults continues indefinitely. California courts can set end dates for child support orders, but parents may need to make payments for the majority of their child’s life. Parents should consult with an attorney and determine if their disabled adult child fits the guidelines for child support before taking on the financial burden. California courts use a two-prong test to simplify this process:
1. The adult child is incapacitated and unable to earn a living.
Having a disability does not automatically mean the adult child is incapable of working. Therefore, documentation must prove that the adult’s disability prevents them from finding a job and adequately performing in it. Accepted forms of documentation include court findings, disability benefit assessments, medical records, or special educational need assessments.
2. The adult child does not have sufficient means to support themselves.
Having “sufficient means” refers to the disabled adult’s capability of supporting themselves in their day-to-day life. Given how broad the term “sufficient means” is, the court decides whether or not the adult child’s disability directly affects how they function and interact with their surroundings.
Related: Child Support FAQs in California
Financial Costs of Child Support for a Disabled Adult
When calculating the financial costs of child support for disabled adults, California courts consider each parent’s income. This process is similar to the calculation of child support for minors. If one parent has a strong financial standing, there is a higher chance that they will pay more than their lower-income spouse.
In the case parents do not have financial means to provide support, the disabled adult child can consider filing for Supplemental Security Income (SSI) through the Social Security Administration (SSA). SSI can ultimately provide the child with a form of income. If the SSA approves the disabled adult child’s application, California courts may alter the number of support parents must pay.
Setting Up a Special Needs Trust
Disabled adults may be eligible for Social Security benefits. As mentioned previously, SSI can be helpful in reducing parents’ financial burden. However, if the disabled adult child receives a considerable amount of financial support from a parent(s), the SSA may consequently lower SSI benefits.
To avoid this, many attorneys recommend setting up a Special Needs Trust, which ensures that the disabled adult child will retain their eligibility for public benefits and continue receiving support payments.
FAQs About Child Support for Disabled Adults in California
Do the support payments go to the parents or to the disabled adult?
Support payments go directly to disabled adults. Payments will only go to someone other than the disabled adult if the adult child has a legal conservator or guardian.
Who should I contact to open a case for disabled adult child support?
Local child support agencies (LCSAs) can help you with the process of receiving child support for a disabled adult.
What if the adult child’s parents are divorced?
California law expects both parents to still contribute support payments after legal separation or divorce.
Related: When is Child Support Determined in a California Divorce?
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