Termination of Child Support- Exception for Adult Children with Disabilities
Updated June 2012
The "age of majority" is the legal age established under state law at which an individual is no longer a minor and, as a young adult, has the right and responsibility to make certain legal choices that adults make. Thus, when people use the term age of majority, they are generally referring to when a young person reaches the age where one is considered to be an adult. In some states, child support stops when a child is 18 or graduates from high school, in others, it stops at 21 (For more information, visit Termination of Support- Age of Majority). The majority of states use 18 as the age of majority (in cases where the youth is still in high school the age of majority may extend beyond 18). States may order support while a child is in college (For more information, visit Termination of Support- College Support Beyond the Age of Majority).
An exception to the rule that parents' duty to support their children ends at the children's majority occurs when the child is disabled. In cases where the child is disabled, mentally or physically, and therefore unable to support himself/herself upon reaching the age of majority most states have adopted the rule that parents have a duty to support their adult disabled children. Most often, courts define "disability" in economic terms, i.e., the inability of the adult disabled child to adequately care for himself/herself by earning a living by reason of mental or physical infirmity. States differ as to whether support for an adult disabled child is determined by the state's child support guidelines or by the needs of the child as balanced by the parents' ability to provide support.
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State
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General Information
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Citation
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Alabama
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Alabama law allows post-minority support to be paid in the case of handicapped children. The Title IV-D Agency does not assist in collecting post-minority support.
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No citation available.
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Alaska
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Limited provisions for disabled children and other allowances as stated in the court order.
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No citation available.
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Arizona
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The court may order support past age of majority for a mentally or physically disabled child.
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Ariz. Rev. Stat. Ann. §25-320(E), “In the case of a mentally or physically disabled child, if the court, after considering the factors set forth in subsection D of this section, deems it appropriate, the court may order support to continue past the age of majority and to be paid to the custodial parent, guardian or child,even if at the date of separation, at the time of the filing of a petition or at the time of the final decree, the child has reached the age of majority.”
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Arkansas
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If the court order specifically extends the support for a child beyond age 18.
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Ark. Code Ann. §9-12-312(a)(5)(B), “The court may also provide for the continuation of support for an individual with a disability which affects the ability of the individual to live independently from the custodial parent.”
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California
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Statute extends the parents' duty to support an incapacitated child when the child, regardless of age, is incapacitated from earning a living and is without sufficient means. In these situations, the court is allowed to order support beyond the child's majority.
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Cal. Fam. Code §3910, “The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.”
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Colorado
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Support will continue after the last or only child attains age 19 if the child is physically or mentally disabled.
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Colo. Rev. Stat. §14-10-115(1.5)(a)(2), “If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both,to continue beyond the age of nineteen.”
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Connecticut
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If the child lives with a parent and has mental retardation, or a mental or physical disability, until age 21 in cases of dissolution of marriage, legal separation or annulment, for orders entered on or after October 1, 1997.
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Conn. Gen. Stat. §46b-84(c), “The court may make appropriate orders of support of any child with mental retardation… or a mental disability or physical disability…who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty- one. The child support guidelines … shall not apply to orders entered under this subsection. The provisions of this subsection shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after October 1, 1997...”
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Delaware
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N/A
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No citation available.
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District of Columbia
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Support can be paid beyond the age of majority if the child is handicapped.
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No citation available.
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Florida
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If child(ren) is/are declared legally dependent beyond that age due to mental or physical disability;
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Fla. Stat. §743.07(2), “This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority…”
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Georgia
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Other examples in private orders might include extraordinary medical needs, handicapped, etc.
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Ga. Code §19-7-2, “It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, … except to the extent that the duty of the parents is otherwise or further defined by court order.”
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Guam
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By agreement of the parents to extend the obligation beyond age 18; or the disability of a child which prevents the child, who will eventually become an adult, from becoming self-sufficient.
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19 Guam Code §4105.1, “Payments for disabled children and for education. If a child residing on Guam is disabled before the age of eighteen (18), the court may, at any time before the child reaches the age of twenty-one (21) years, find that both parents (or the surviving parent if one is deceased) have a mutual obligation to support the child beyond the age of majority, and based upon such findings, order either or both of the parents to pay continuing child support for the benefit of such child directly to the child or his guardian, as is appropriate. Such support may be modified in the same manner as child support may be terminated if no longer needed, shall continue for as long as the child is disabled and requires support, and shall be treated as child support for purposes of this Title…”
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Hawaii
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If the child is disabled.
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Haw. Rev. Stat. §580-47(a), “…Provision may be made … for the support, maintenance, and education of an incompetent adult child whether or not the petition is made before or after the child has attained the age of majority.”
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Idaho
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N/A
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No citation available.
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Illinois
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N/A
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750 ILCS 5/513(a)(1), “when the child is mentally or physically disabled and not otherwise emancipated, an application for support may be made before or after the child has attained majority.”
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Indiana
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21, unless child has been determined to be legally incapacitated.
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Ind. Code §31-16-6-6(a)(2), “The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs: The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.”
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Iowa
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For a child of any age who is dependent on the parents because of physical or mental disability.
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Iowa Code §252A.3(3), “The parents are severally liable for the support of a dependent child eighteen years of age or older, whenever such child is unable to maintain the child's self and is likely to become a public charge.”
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Kansas
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Any other reason by agreement of the parties only.
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No citation available.
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Kentucky
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If the child has a permanent physical or mental disability, the mother and father have joint custody and care of children who have reached age 18.
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Ky. Rev. Stat. §405.020(2), “The father and mother shall have the joint custody, care and support of their children who have reached the age of eighteen (18) and who are wholly dependent because of permanent physical or mental disability…
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Louisiana
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Extends to a developmentally disabled child up to age 22.
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La. Civ. Code Ann. Art. 230, “By alimony we understand what is necessary for the nourishment, lodging, and support of the person who claims it…It includes the education, when the person to whom the alimony is due has not attained the age of twenty-two and has a developmental disability as defined in R.S. 28:381.”
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Maine
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N/A
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No citation available.
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Maryland
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The court may order support for a disabled adult child.
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No citation available.
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Massachusetts
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A court may order support for an adult child who is mentally or physically disabled.
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See Fienberg v. Diamant, 378 Mass. 131, 389 N.E.2d 998 (1979).
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Michigan
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Beyond 19 1/2 by agreement of the parties.
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No citation available.
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Minnesota
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Support can extend beyond this date if specifically addressed in the order- such as for disability.
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Minn. Stat. §518.54(2), “’Child’ means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.”
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Mississippi
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If the parties agree, support may continue beyond the age of majority and some courts may order this if the child is handicapped.
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No citation available.
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Missouri
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The court may also extend the child support obligation past the age of 18 if the child is physically or mentally incapacitated from supporting himself/herself and insolvent and unmarried.
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Mo. Ann. Stat. §452.340(4), “If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.”
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Montana
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Life of order may be extended by written agreement or express provision of decree.
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No citation available.
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Nebraska
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Only if parties agreed and it's included in the support order.
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No citation available.
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Nevada
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Handicapped
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Nev. Rev. Stat. §125B.200(2)(c), ““Minor child” means a person who is…Under a legal disability…”
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New Hampshire
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There must be a court order to extend beyond the age of majority. Decided on a case by case basis examples of extenuating circumstances include physical or mental handicap of the child or college.
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N.H. Rev. Stat. §458:35-c, “…If the order involves a disabled child, the court shall specify the duration of the order, which may be beyond the time when the child reaches the age of 18.”
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New Jersey
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If the child is handicapped or any other reason as determined by the court.
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No citation available.
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New Mexico
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If severely disabled - by case law.
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N.M. Stat. §40-4-7(C), “ The court may order and enforce the payment of support for the maintenance and education after high school of emancipated children of the marriage pursuant to a written agreement between the parties.”
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New York
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Under very limited circumstances if the child is handicapped or stipulated in a divorce decree.
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No citation available.
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North Carolina
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N/A
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N.C. Gen. Stat. §50-13.8, “For the purposes of custody, the rights of a person who is mentally or physically incapable of self-support upon reaching his majority shall be the same as a minor child for so long as he remains mentally or physically incapable of self-support.”
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North Dakota
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If the parties agree or if the court determines the support to be appropriate.
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N.D. Cent. Code §14-09-08.2(6), “This section does not preclude the entry of an order for child support which continues after the child reaches age eighteen, if the parties agree, or if the court determines the support to be appropriate.”
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Ohio
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If specified in a court order due to handicap.
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No citation available.
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Oklahoma
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Disabled adult children.
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43 Okla. St. Ann. §112.1A, “…Adult child means a child eighteen years of age or older… B.1. The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that:a. the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support, and b. the disability exists, or the cause of the disability is known to exist, on or before the eighteenth birthday of the child….
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Oregon
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If the child is handicapped, support may continue under special circumstances with judicial approval.
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No citation available.
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Pennsylvania
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Support beyond age of majority may be ordered for a child who has a physical or mental condition which exists as of time the child reaches majority and prevents the child from being self-supported or emancipated.
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No citation available.
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Source: Office of Child Support Enforcement Intergovernmental Referral Guide, 2012, Morgan, Laura W., “The Duty to Support Adult Disabled Children,” from supportguidelines.com, 2000; and NCSL research.
*PLEASE NOTE: The National Conference of State Legislatures is an organization serving state legislators and their staff. We cannot offer legal advice or assistance with individual cases, but we do try to answer questions on general topics.
About This NCSL Project
NCSL staff in D.C. and Denver can provide comprehensive, thorough, and timely information on critical child support policy issues. We provide services to legislators and staff working to improve state policies affecting children and their families. The Denver-based child support project staff focuses on state policy, tracking legislation and providing research and policy analysis, consultation, and technical assistance specifically geared to the legislative audience. Denver staff can be reached at (303) 364-7700 or cyf-info@ncsl.org.
NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child support issues before Congress and the Administration. In D.C., Sheri Steisel and Emily Wengrovius can be reached at (202) 624-5400 or fedhumserv-info@ncsl.org.
The child support project and D.C. human services staff receive guidance and support from NCSL's Human Services and Welfare Standing Committee.
For more information regarding NCSL's child support work, please visit our Child Support Homepage.
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