Child Support for Disabled Adults
Scottsdale and Phoenix Lawyer Helping With Child Support for Disabled Adults
Child support in Arizona usually terminates when a child turns 18, a milestone known as becoming emancipated. However, Arizona law creates an exception to this when the child is mentally or physically disabled and unable to live independently. Family court judges in Arizona can award child support to be paid for the care of a disabled adult when the child’s parents divorce.
Although the usual Arizona child support guidelines apply, there may be some additional hoops to jump through in order to obtain support for a disabled adult. At the Scottsdale law office of Karen A. Schoenau, Attorney Schoenau can help parents understand the laws that apply to their situation. She will also help clients fulfill the requirements of the law in order to obtain child support for a disabled adult.
Issues When Seeking Child Support for Disabled Adults in AZ
Arizona law (ARS § 25-320) allows child support for disabled adults to continue past age 18 if:
- The court incorporates the usual requirements of the AZ child support guidelines when considering a petition for child support to continue past age 18.
- The adult child’s mental or physical disabilities prevent him or her from living independently.
- The disability began before the child became 18.
In addition, the court may consider whether the child or parent receives disability payments from Social Security (SSDI) or other sources because of the child’s disability. Incorporating the SSDI amount into the calculations may reduce the size of the payment required of the payor.
As with all child support matters, parents may agree about the amount of child support paid for a disabled adult child if they wish to do so. The agreed amount and other stipulations can be incorporated into a divorce resettlement package. Only when parents cannot agree (or if the judge finds something incorrect about the settlement agreement) will the family court need to rule on the issue of child support for a disabled adult.
Why Call Scottsdale Attorney Karen A. Schoenau About Child Support for Disabled Adults?
Scottsdale lawyer Karen A. Schoenau is dedicated to helping parents achieve the best possible outcome in matters related to child support for a disabled child. She accomplishes this by:
- Working closely with clients to help them understand the law and their best options for resolving child support issues.
- Keeping parents informed about changes and progress in their legal matters.
- Helping clients get through the emotional and psychological challenges related to caring for a disabled adult child.
- Aggressively advocating for her clients’ best interests throughout the legal process.
- Working tirelessly to help parents resolve issues related to child support for disabled children after divorce.
Contact a Scottsdale Lawyer to Discuss Child Support for Disabled Adults
To receive high-quality professional advice at reasonable rates about your child support matter, schedule an initial consultation with Scottsdale attorney Karen A. Schoenau. You can make an appointment by calling us or by using the online contact form.
From her offices based in Scottsdale, Attorney Karen A. Schoenau represents clients throughout the metropolitan Phoenix area and the state of Arizona, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, and Gila County.