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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12756
Experience:  Licensed experienced Attorney
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What if the child is not a child but is 36 yrs old but is legally

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What if the child is not a child but is 36 yrs old but is legally blind, has CP and cognition problems? Gets SSI and the non costodial has not paid any child support since he was 18. Since he is not emancipated shouldn't she pay support to the custodial parent?
Submitted: 11 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 11 months ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about this unfortunate situation.

Was the mother ever ordered by the court to pay any child support?

Is the child completely disabled and unable to seek any employment?
Customer: replied 11 months ago.

Yes, the mother paid child support from the time he was 14 until he was 18. Because he had full employment we let it go. However he is no longer able to work more than a few hours a week through the commission for the blind. He has cognition issues as well as Cerebral Palsy. He is totally dependent upon his father my husband. He makes about $ 130.00 a month plus his SSI. We get no help with respite care and she doesn't even purchase a pair of shoes for her son. Do we have any legal right to pursue child support since he is not emancipated and his father has legal custody and power of attorney for him?

Expert:  Alex J. Esq. replied 11 months ago.
Thank you for your follow up.

Was this child ever emancipated?
Customer: replied 11 months ago.

No he is unable to take care of his personal needs like paying bills, cooking etc.. He has never been emancipated.


 

Expert:  Alex J. Esq. replied 11 months ago.
Thank you for your follow up.

New Jersey case law does require parents to contribute to the neccessary c cost and care of a completely disabled child, who has never been fully emancipated due to physical or mental disability.
New Jersey case law requires parents to contribute to the cost of necessary care and maintenance of an adult child who has become so disabled, due to a pre-existing mental illness or emotional disorder, that the capacity to maintain him or herself is lacking - See more at: http://www.einhornharris.com/resources/articles-publications/child-support-a-legal-obligation-and-a-moral-dilemma/#sthash.EyviEozv.dpuf

The way to force mother to contribute is to file a Petition for Support for the disabled child and if your husband cannot afford a private local attorney to pursue this petition, then he can apply for free legal service through your nearest local legal aid society.

I wish you the best of luck and please let me know if you have any related follow up questions.
New Jersey case law requires parents to contribute to the cost of necessary care and maintenance of an adult child who has become so disabled, due to a pre-existing mental illness or emotional disorder, that the capacity to maintain him or herself is lacking - See more at: http://www.einhornharris.com/resources/articles-publications/child-support-a-legal-obligation-and-a-moral-dilemma/#sthash.EyviEozv.dpuf
New Jersey case law requires parents to contribute to the cost of necessary care and maintenance of an adult child who has become so disabled, due to a pre-existing mental illness or emotional disorder, that the capacity to maintain him or herself is lacking - See more at: http://www.einhornharris.com/resources/articles-publications/child-support-a-legal-obligation-and-a-moral-dilemma/#sthash.EyviEozv.dpuf
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12756
Experience: Licensed experienced Attorney
Alex J. Esq. and 7 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.

thank you for your assistance. Now at least we know which way to pursue this much needed support for my stepson.

Expert:  Alex J. Esq. replied 11 months ago.

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required.

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