When people think of child support, they generally do not consider the notion that the parent of an adult child can receive court-ordered child support. In most cases, court orders are made in a way that ensures that the child support obligation ends when the minor children reach the age of 18 or 19. However, in some cases, you may be ordered to pay child support for adult children.
If you are receiving child support, you should contact the experienced child support attorneys at Wallin & Klarich today in order to determine whether your child is eligible to receive child support into adulthood.
Duty to Pay Child Support for Adult Children (California Family Code Section 3910)
Under California Family Code Section 3910, parents may also have a duty to financially support their adult children. There are two situations in which an adult child must continue to be supported:
- Where the adult child is considered a “needy incapacitated child;” and
- Where there is an agreement by the parties to continue to support the adult child.
It can be difficult to determine whether your child is considered a “needy incapacitated child.” For this reason, you should contact an experienced child support attorney at Wallin & Klarich to help determine whether your adult child is entitled to child support.
Needy Incapacitated Children
To the extent of their ability, both parents have an equal responsibility to support a child of any age who is incapacitated from earning a living without sufficient means. This standard can be very difficult to meet and requires the knowledge and skill of an experienced child support attorney.
There are two ways to show that an adult child is incapacitated from earning a living. The first is to provide proof to the court that the adult child has a mental or physical disability that prevents the child from being able to work. The mental or physical disability must truly prevent the child from being able to work or to obtain work. It is not enough if the adult child is either not looking for work or is unable to find work for another reason. The mental or physical disability must be the primary reason that the adult child cannot work.
The second way to show that an adult child is incapacitated from earning a living is to provide proof to the court that the adult child is unable to find a job due to factors beyond the child’s control. This does not simply mean that the adult child has looked for a job and cannot find one. There must be an underlying reason for the adult child being unable to obtain employment, such as an adult child having the maturity level of a young child. This standard is even more difficult to show than the mental or physical disability.
Call the Child Support Attorneys at Wallin & Klarich
If you are involved in a family law case where there are children involved, it is important that you seek out the representation of an experienced child support attorney. Our child support attorneys have over 30 years of experience in handling both minor and adult child support matters.
With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville and Ventura, we are always available wherever you happen to live.
Call us today at (888) 749-7428. We will get through this together.