Postmajority Child Support for Children with Disabilities

• Author: Katherine Byrns
• DOI: http://doi.org/10.1111/fcre.12046
• Published date: 01 July 2013
• Date: 01 July 2013

STUDENT NOTE

POSTMAJORITY CHILD SUPPORT FOR CHILDREN

WITH DISABILITIES*

Katherine Byrns

Caring for a family member with a severe mental or physical disability involves significant costs, regardless of when that

family member became disabled. Recognizing these costs, most states have imposed a duty on noncustodial parents to

provide child support even after his or her child reaches the age of majority if that child suffers from a severe disability. In

general, however, the governing postmajority child support for children with disabilities only imposes such a duty if the

child’s condition arose to the level of a diagnosable disability prior to that child reaching the age of majority,ir respectiveof

whether that child remained dependent on his or her custodial parent after reaching the age of majority.This Note advocates

that states adopt legislation that entitles disabled children and their custodial parents to seek court-ordered child support: (1)

if that child has insufficient resources to support herself independently because of her disability and (2) that child became

disabled prior to reaching the age of majority or remained unemancipated when she became disabled despite having reached

the age of majority.

Keypoints

• Postmajority child support aids substantially in reducing the financial burden on custodial parents who continue to

care for their children who suffer from disabilities after their children have reached the age of majority.

• Despite the uniformity in costs of caring for a child who suffers from a disability,the availability of postmajority child

support varies widely among states.

• A model is proposed to create much-needed clarity and uniformity within the area of postmajority child support for

children who suffer from disabilities.

Keywords: Adult Child;Child Support;Disability;Duty of Support;Emancipation;and Postmajority.

I. INTRODUCTION

Like most children, Sarah depended on the care and attention of her parents throughout her early

youth.1Luckily, her parents were amply capable of meeting this responsibility. Sarah’s father went to

work each day whileSarah’s mother remained at home to care for her. Things changed, however, when

Sarah was twelve years of age. Her parents got divorced, and sole custody of Sarah was given to her

mother. Her mother soon became employedand was able to support herself and Sarah. Unfortunately,

this security was short-lived. Despite the fact that Sarah was getting older, she wassteadily becoming

more dependent on her mother. Sarah began to develop the symptoms of a schizoaffective disorder;

she was having difficulties eating, sleeping, and concentrating on her homework.2Her mother began

to work fewer hours at her job so that she could spend more time helping Sarah with her schoolwork

and caring for her.

Soon after Sarah turned eighteen, her condition worsened substantially and she was diagnosed with

a schizoaffective disorder. Just a year before, she had been able to care for herself to some extent, but

shortly after reaching adulthood, her condition rose to the level of a serious disability. She could not

gain meaningful employment, and was unable to live on her own. Her mother was eager to haveSarah

remain in her home. She was willing to provide her with basic care, and bring her to her doctors’

Correspondence: katherine.byrns@gmail.com

FAMILY COURTREVIEW, Vol. 51 No. 3, July 2013 502–516

© 2013 Association of Familyand Conciliation Cour ts