(801) 254-9450 Child support generally ends once a child reaches the point at which state law no longer requires parental support. However, some parents continue providing court-ordered support well into their child’s adulthood. The law allows continued support for an adult child who is incapacitated and remains dependent on a parent.
This type of support is sometimes called permanent child support, although that description can be misleading. If you have questions about permanent child support in Midway, the dedicated child support attorneys at Carr | Woodall can provide guidance on what this means and if it applies to your family.
For most families in Midway, child support is not permanent. A parent’s support obligation generally ends when the child turns 18 or graduates from high school, whichever occurs later. However, there are also situations where child support can end earlier. For example, the obligation terminates if a child becomes emancipated or passes away. Different rules may also apply if the child marries or becomes a member of the U.S. armed forces prior to turning 18 or graduating from high school.
The situation can become more complicated when an order covers multiple children. One child reaching the age at which support terminates does not necessarily end the entire child support order. The amount of child support may need to be recalculated based on the children who remain eligible for support.
While child support in Midway is designed to be temporary, there are exceptions that could lead it to be permanent. While the term “permanent” is not used by the courts, it is possible to have an ongoing support obligation if your child is considered incapacitated. However, simply having a disability does not necessarily mean a child is incapacitated for purposes of continued child support.
Disability is a broad term that can describe many physical, developmental, or mental conditions. A person can have a significant disability while still being able to live independently, work, and provide for their own financial needs.
Incapacity focuses more specifically on the adult child’s ability to support themselves. State law allows continued support for a child who is incapacitated from earning a living and lacks sufficient financial resources. The child must therefore meet more than a diagnosis or disability label for this exception to apply.
A court will consider evidence showing how a disability or condition affects the new adult’s ability to function and earn income. Medical records, information about their daily needs, employment history, financial resources, and professional evaluations may become relevant depending on the circumstances.
This distinction matters because two children with the same medical diagnosis may have very different abilities and financial needs. The court is tasked with focusing on your family’s individual circumstances rather than assuming that every person with a particular disability requires permanent parental support. Our dedicated attorneys can review your situation and help you understand whether an ongoing support obligation in Midway might be possible in your case.
Planning for an incapacitated child’s adulthood can involve difficult financial and legal decisions. While most parents understand their financial obligations to their children technically end at adulthood, there are times when the courts might require you or your co-parent to continue making payments.
If you are looking to learn more and determine whether this may apply to your family, the team at Carr | Woodall is here to help. Our attorneys are ready to explain how permanent child support in Midway works during a confidential consultation. Reach out as soon as possible to get started. If you cannot travel to our office outside the city for your consultation, we are happy to meet virtually or come to you.