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Question

I was recently sent court papers that are asking the Probate court in El Paso, Texas to grant my ex-wife Maria Gibbs guardianship of my handicap daughter. My child suppport is supposed to end when she turns 18 or graduates from highschool whihc would be this year. Given this information, if my daughter is handicaped for the rest of her life how long do I ahve to pay child support for and is there anything to prevent that from happening.

Submitted: 503 days and 16 hours ago.
Category: Family Law
Value: $15
Status: CLOSED
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Derry, New Hampshire

Already Tried:
I ahve searched the internet for this information with no success.

Posted by jogoesq 503 days and 15 hours ago.

Info Request

Hello:

I will try to assist you. What kind of handicap does your daughter have, and how long has she been handicapped?

jogoesq

502 days and 23 hours ago.

Reply

Reply to jogoesq's Post: My daughter was diagnosed with severe neurological developmental delays. This was first diagnosed in 1993 and I was never notified. My Daughter Brianna is completely bed bound according to the physician statement and unable to make any decisions for herself. According to the doctor statement in the court papers the prognosis is such that she will be incapacitated for life.

My child support is slated to end on September 26 when she turns 18 so I am hoping the child support will end at that time also. But, according to the attorney that served the papers she will be receiving child support for the rest of her life since she is mentally handicapped.

Posted by jogoesq 502 days and 22 hours ago.

Info Request

Hello:

As part of the divorce proceedings, did you have an agreement that the support would end at 18? If so, is this what your ex-wife is now attempting to change?

jogoesq

502 days and 17 hours ago.

Reply

Reply to jogoesq's Post: In the divorce proceedings the child Support was to end at age 18 or until she graduated from high school.

the court documents that were sent were for her to be appointed as permanent guardian since my daughter is handicapped and can't make any decisions herself. My concern is once she gets this paper approved by the court I will have to pay child support to my daughter because of her handicap. According to the information that I found under Texas law a child will continue to receive child support for life if they are handicapped.

Given the fact that I was just informed about this condition and I have not seen my kids for over 18 years even after several attempts because I did not know where they were I do not think I should forced to pay this until she passes away.

In reading the court laws I think she would have to bring me back to court to get the order modified at this time.

Accepted Answer

Hello:

Yes, that is correct, she would have to bring you back to court in a request for upward modification of the child support. At that time, you can oppose it. An individual cannot be placed into poverty because of child support.

Furthermore, at age 18 your daughter will be eligible for SSI benefits. You will have no further legal obligation to support her, buit if her mother can prove that SSI and Medicaid are not enough to take care of your daughter's needs, a Judge may award continuing child support, but I do not see that as a real possibility. Hope this helps.

jogoesq.

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Expert: jogoesq
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Answered: 7/8/2008

Family Law Attorney

17 years experience in family law, custody, visitation, contested and uncontested divorces

502 days and 17 hours ago.

Reply

Thanks for this information. Currently she is receiving Social Security in the amount of $500 per month according to the court documents.

Accepted Answer

Hello:

OK. I still believe that the chances of you having to pay further child support are limited. Hope this helps. Thank you for the accept.

jogoesq

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Expert: jogoesq
Pos. Feedback: 100.0 %
Accepts: 
Answered: 7/8/2008

Family Law Attorney

17 years experience in family law, custody, visitation, contested and uncontested divorces

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