|
Alabama |
Termination of support when child graduates from high school |
No statute found addressing support for disabled children. |
|
Alaska |
Termination of support at 18, or 19 if child enrolled in high school or
equivalent and residing with custodial parent |
No statute found addressing support for disabled children. |
|
Arizona |
Termination of support at 18 or until child graduates from high
school |
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.” |
|
Arkansas |
Termination of support at 18 or when child graduates from high
school |
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.” |
|
California |
Termination of support at 18, or if child is in high school, then until
child graduates from high school or turns 19, whichever is first |
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.” |
|
Colorado |
Termination of support at 19 or judicial termination |
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.” |
|
Connecticut |
Termination of support at 18 |
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...” |
|
Delaware |
Termination of support at 18; if child still in high school, support
terminates at age 19 or graduation, whichever is first |
No statute found addressing support for disabled children. |
|
D.C. |
Termination of support at 21 or emancipation |
No statute found addressing support for disabled children. |
|
Florida |
Termination of support at 18, or at 19 if child will graduate from high
school by that age |
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…” |
|
Georgia |
Termination of support at 18, or to 20 if child still in secondary
school |
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.” |
|
Guam |
|
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…” |
|
Hawaii |
Termination of support at 18, but may be extended to 23 if child
enrolled in accredited higher educational institution |
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.” |
|
Idaho |
Termination of support at 18, or to 19 by court order if child enrolled
in formal education |
No statute found addressing support for disabled children. |
|
Illinois |
Termination of support at 18 |
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.” |
|
Indiana |
Termination of support at 21 or emancipation |
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.” |
|
Iowa |
Termination at 18 or as ordered by the court |
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.” |
|
Kansas |
Termination of support at 18, and automatically extended to end of
school year in which child turns 18; may be extended to 19 on agreement of
parents |
No statute found addressing support for disabled children. |
|
Kentucky |
Termination of support at 18, or 19 if child still attending high
school |
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…” |
|
Louisiana |
Termination of support at 18 or emancipation; if child is still in high
school, until 19 or graduation, whichever is first |
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.” |
|
Maine |
Termination of support at 18; if child is still in high school, until
19 |
No statute found addressing support for disabled children. |
|
Maryland |
Termination of support at 18 |
No statute found addressing support for disabled children. |
|
Massachusetts |
Termination of support at 18, or to 21 if child is domiciled with
parent, or age 23 if enrolled in an education program |
No statute found addressing support for disabled children. |
|
Michigan |
Termination of support at 18, but may be ordered until 19 1/2 for
completion of high school or beyond by agreement |
No statute found addressing support for disabled children. |
|
Minnesota |
Termination of support at 18 or at 20 if child is attending secondary
school |
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.” |
|
Mississippi |
Termination of support at 21 |
No statute found addressing support for disabled children. |
|
Missouri |
Termination of support at 18; or upon graduation from high school or
age 21, whichever occurs first; if child enrolled in vocational school or
college, to 22 |
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.” |
|
Montana |
Termination of support at 18 or emancipation; or to 19 if enrolled in
high school |
No statute found addressing support for disabled children. |
|
Nebraska |
Termination of support at 19 |
No statute found addressing support for disabled children. |
|
Nevada |
Termination of support at 18 or at 19 if still in high school |
Nev. Rev. Stat. §125B.200(2)(c), ““Minor child” means a person who
is…Under a legal disability…” |
|
New Hampshire |
Termination of support at 18, or graduation from high school, whichever
is later |
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.” |
|
New Jersey |
Termination of support at age of majority or as determined by
court |
No statute found addressing support for disabled children. |
|
New Mexico |
Termination of support at 18, or emancipation |
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.” |
|
New York |
Termination of support at 21 or emancipation as determined by
court |
No statute found addressing support for disabled children. |
|
North Carolina |
Termination of support at 18, or through secondary school or age 20,
whichever comes first |
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.”
|
|
North Dakota |
Termination of support at 18, but if child is enrolled in high school,
support continues to 19 or graduation |
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.” |
|
Ohio |
Termination of support at 18 or graduation from high school, whichever
occurs later |
No statute addressing support for disabled children. |
|
Oklahoma |
Termination of support at 18, or until child completes high
school |
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…. |
|
Oregon |
Termination of support at 18, or 21 if in school half-time or
more |
No statute found addressing support for disabled children. |
|
Pennsylvania |
Termination of support at 18 or completion of high school, whichever is
later |
23 Pa. Cons. Stat. §4321(3), “Parents may be liable for the support of
their children who are 18 years of age or older.” |
|
Rhode Island |
Termination of support at 18 |
No statute found addressing support for disabled children. |
|
South Carolina |
Termination of support at 18, or until graduation from high
school |
S.C. Code §20-7-420(17), “The family court shall have exclusive
jurisdiction…To make all orders for support run until further order of the
court, except that orders for child support Run until the child is
eighteen years of age or until the child is married or becomes
self-supporting…and in the discretion of the court, to provide for child
support past age eighteen where there are physical or mental disabilities
of the child or other exceptional circumstances that warrant the
continuation of child support beyond age eighteen for as long as the
physical or mental disabilities or exceptional circumstances
continue.” |
|
South Dakota |
Termination of support at 18, or 19 if attending secondary
school |
No statute found addressing support for disabled children. |
|
Tennessee |
Termination of support at 18, unless child is still in high school, in
which case support terminates on graduation |
Tenn. Code §36-5-101(p)(1) and (2), “(1) Except as provided in
subdivision (p)(2), the court may continue child support beyond a child’s
minority for the benefit of a child who is handicapped or disabled, as
defined by the Americans with Disabilities Act, until such child reaches
twenty-one (21) years of age. (2) Provided, that such age limitation shall
not apply if such child is severely disabled and living under the care and
supervision of a parent and the court determines that it is in the child's
best interest to remain under such care and supervision and the
obligor is financially able to continue to pay child support. In such
cases, the court may require the obligor to continue to pay child support
for such period as it deems in the best interest of the child.” |
|
Texas |
Termination of support at 18 or graduation from high school, whichever
is later |
Tex. Fam. Code §154.302,” (a) 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:
(1) 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
(2) the disability exists, or the cause of the disability is
known to exist, on or before the 18th birthday of the child.
(b) A court that orders support under this section shall
designate a parent of the child or another person having physical custody
or guardianship of the child under a court order to receive the support
for the child. The court may designate a child who is 18 years of
age or older to receive the support directly.” |
|
Utah |
Termination of support at 18 or when child graduates from high
school |
Utah Code §78-45-2(6)(c), “’Child’ means…a son or daughter of any age
who is incapacitated from earning a living and, if able to provide some
financial resources to the family, is not able to support self by own
means.” |
|
Vermont |
Termination of support at 18 or graduation from secondary school |
No statute found addressing support for disabled children. |
|
Virginia |
Termination of support at 18; unless child is in high school, in which
case support terminates at 19 or graduation, whichever comes first |
Va. Code §16.1-278.15, “…The court may also order the continuation of
support for any child over the age of 18 who is (a) severely and
permanently mentally or physically disabled, (b) unable to live
independently and support himself, and (c) resides in the home of the
parent seeking or receiving child support.” |
|
Washington |
Termination of support at 18; court may order post-secondary
support |
No statute found addressing support for disabled children. |
|
West Virginia |
Termination of support at 18, or up to 20 if enrolled in secondary
school |
Statutory references indicate that case law allows for child support to
be ordered for adult children with disabilities (see W.Va. Code
§48-11-103). |
|
Wisconsin |
Termination of support at 18, or if still in school, at graduation from
high school or age 19, whichever is sooner |
No statute found addressing support for disabled children. |
|
Wyoming |
Termination of support at 18 or to 20 for secondary education |
Wyo. Stat. §14-2-204(a)(i), “Any person legally responsible for the
support of a child who abandons, deserts, neglects or unjustifiably fails
to support the child is liable for support of the child. It is no defense
that the child was not or is not in destitute circumstances. For purposes
of this section, a parent's legal obligation for the support of his or her
children, whether natural or adopted, continues past the age of majority
in cases where the children are: Mentally or physically disabled and
thereby incapable of self support…” |