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I have a 26 year old son who is paraplegic. He is working

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I have a 26 year old son who is paraplegic. He is working a degree in math with the goal of becoming a math teacher. Under California Family Code, he is "incapacitated and without means" and as such have been paying adult child support to him. He lives independently and drives himself to school. Not exactly incapacitated, nonetheless.
At the end of the current semester I will have met my obligations as outlined by the court.
I received a letter from her attorney requesting me to pay an additional seven months of support to him. I might be tempted to pay an additional seven months of support to him IF they would agree to siging a statement stating they would not sue me for additional support after those seven months have passed. Since this is a family law matter to begin with, would such an agreement hold water? Or would a court not recognize such an agreement?
At this point, since I will have met my financial obligations, I feel I could: 1. Ignore their request, 2. agree to pay with a stipulation that they stop suing me. My fear, of course is that this will never end and they will continue to come after me for more money. THANK YOU!
Submitted: 3 years ago.
Category: Family Law
Expert:  LawHelpNow replied 3 years ago.

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with family law litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "Since this is a family law matter to begin with, would such an agreement hold water? Or would a court not recognize such an agreement?" Unfortunately, you are quite right to suspect that such an agreement would not be enforceable. Your private contractual agreement would be faced with the "...of whatever age..." provision codified at California Family Code § 3910. In other words, executing such an agreement or stipulation would not act as insurance against a later claim for support. In effect, the parent(s) of such an individual can be "on the hook", so to speak, for the life of such a disabled individual. That is the law on the topic, but there are other tactical considerations that only you can weigh. In other words, if an additional seven months of support will likely get your adult child down the road in terms of self-sufficiency, it may well be worth agreeing to those additional months. Then, should there be a future request for adult support, you could resist such a demand on ground that your grown child is no longer, to again quote the statutory language, "...incapacitated from earning a living and without sufficient means...". What I mean by all of that is to say that if the additional seven months will land him in a teaching position, it may well be worth the additional monies.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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