Question:
What are the child support laws when supporting a disabled child?
My husband is paying a high amount of child support for his disabled child even after the child has reached the age of emancipation and is receiving SSI disability benefits.
Is a child support modification in order or will he continue paying child support indefinitely since his child is disabled?
Answer:
In the state I practice in (Missouri), specific laws were formed to help protect children who are born disabled. The primary focus is to ensure that the parents of these children continue to provide support for the child as needed even after the child reaches what would be considered a normal age of emancipation.
More than likely, the court determined this child support amount based upon your husband’s income and his ex-wife’s income, among other factors. The concern that I have is whether the court considered the Social Security income received on his daughter’s behalf before figuring the correct child support amount.
I do not know your average monthly income, where your husband’s daughter resides and other factors that are necessary for determining whether the support amount should be decreased.
You may benefit from an in-person consultation with a qualified attorney to determine if the child support amount should be lowered.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights and legal advice on divorce, I urge you to contact a family law attorney immediately.
To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.
