- Child support laws are a mixture of state statute and what is known as common law. Common law is law that is established based on judicial rulings instead of legislation. In other words, common law surrounding child support exists because enough judges awarded child support to custodial parents that child support became the legal norm.
In the case of child support, every state decided to pass legislation solidifying the common law and setting guidelines for payments. Most states require child support to be paid until the age of majority or until high school graduation, but there are states that require payments to last longer. Your county court or a lawyer can advise you on the statutes in your state. - Child support gets tricky when the child in question is disabled and cannot support herself, even when she reaches the age of majority. Many states hold that fathers are required by common law to continue paying child support to adult disabled children. However, other states disagree that the common law duty to pay exists, and say that child support payments to adult disabled children can only be required by statue.
In terms of statues, unlike traditional child support, not every state has a law on the books governing this type of support. Some states rely on the common law, some have a statute requiring support, and other states have statues saying there is no requirement for support for an adult disabled child. - Determining what is and is not a disability is at the center of many of these types of child support cases. Most states determine disability in terms of the child's ability to support himself. If he cannot meet his living expenses because a physical or mental disability prevents him from working, then he is considered to be disabled. In most cases, the disability must be evident before the child reaches the age of majority for the father to be liable for continued support.
- Child support laws are extremely complex, and they vary from state to state. Your liability and how much you may have to pay to support a disabled adult child depends very much on where you live. To get help, you can seek advice from the child support department in your county courthouse or a lawyer. Your state bar association can recommend an attorney who specializes in these cases.
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