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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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Hi, I have a legally documented adult disabled child. He

Customer Question

Hi,
I have a legally documented adult disabled child. He is 24, has be disabled from birth. My husband and i are divorcing and he is resistant to paying any child support. I am only asking for what Texas law mandates in child support. My son works 4-10 hours a week as a grocery sacker and recieves SSD on his own behalf. I was a stay at home mother and cared for him and 2 other children , one of the two also has difficulites but is managing on his own somewhat, with little help from his father, hence reason for divorce. We were married 27 years. I have started my own cleaning and delivery business that works around my disabled sons needs. What are the chances is will recieve court ordered support for my son.

thanks :)
Submitted: 5 years ago.
Category: Family Law
Expert:  John Domestic replied 5 years ago.
Thank you for trusting Just Answer. I will answer as clearly as possible. I do ask for you Accept my answer so I am paid when we are done.

Texas child support law is actually very clear that a court can order child support for a disabled child indefinitely. This is great as most states are not this clear. See number a.4. Here is the statute:


§ 154.001. SUPPORT OF CHILD. (a) The court may order
either or both parents to support a child in the manner specified by
the order:
(1) until the child is 18 years of age or until
graduation from high school, whichever occurs later;
(2) until the child is emancipated through marriage,
through removal of the disabilities of minority by court order, or
by other operation of law;
(3) until the death of the child; or
(4) if the child is disabled as defined in this
chapter, for an indefinite period.
(a-1) The court may order each person who is financially
able and whose parental rights have been terminated with respect to
a child in substitute care for whom the department has been
appointed managing conservator to support the child in the manner
specified by the order:
(1) until the earliest of:
(A) the child's adoption;
(B) the child's 18th birthday or graduation from
high school, whichever occurs later;
(C) removal of the child's disabilities of
minority by court order, marriage, or other operation of law; or
(D) the child's death; or
(2) if the child is disabled as defined in this
chapter, for an indefinite period.
(b) The court may order either or both parents to make
periodic payments for the support of a child in a proceeding in
which the Department of Protective and Regulatory Services is named
temporary managing conservator. In a proceeding in which the
Department of Protective and Regulatory Services is
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Customer: replied 5 years ago.

am i correct in understanding that the fact that he receives SSD on his own disability will not effect his fathers duty to support...that is what was relayed to me by the social security office?

Expert:  John Domestic replied 5 years ago.
You are absolutely correct. SSD can be a factor that the court would consider when establishing support but that will not completely negate his obligation.

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