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My child can not take care of herself.She has disabilities.She is 20 years old.How long should her dad pay child support?

Birmingham, AL |

I had her tested her senior year(2011).She graduated with a credit based diploma,exempt from the math portion of the exit exam because she can't do math,IQ of 68,she has dyslexia,and an eye disease and can not drive.She will never be able to take care of herself she's just not mentally old enough yet.I don't have the money to go to court with her dad so I don't really know what to do.This is his last month to pay child support(been paying back shild support) and I don't know if there is something in Alabama that says he has to continue paying or for how long.I'm going to look into getting her on disability(if she qualifies) but I don't know what to do for now.Help.

Attorney Answers 4

Posted

Have you applied for supplemental security income for her so she can receive a monthly check? If not, call 1-800-772-1213 and help her make an application for SSI. This will start the process. I will be glad to assist you with this process. Also is her father on disability or retired himself? She might be able to draw benefits off of him if so. For an action for post minority support you would have had to have taken him back before she turned 19. Also you can call 205-290-4400 which is State Voc Rehab and they help disabled folks find jobs and they send a job coach to work with them if they qualify and you need to get them to evaluate her to see if she qualifies. This is also a free service. Feel free to contact me. My cell is 205-283-8749 and my office numbers are listed with my link to avvo.

There are many factors that can affect how best to handle this matter and the best advise is usually to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need. The information provided is not intended as legal advice that can be relied on in part because we do not have the entire the situation. No Attorney/Client relationship is intended, implied or created. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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Posted

I am sorry to hear that you are going through this. It depends on your local child support laws, so I urge you to contact local family law attorney to find out how long child support obligation lasts. There may be case law that authorize the family court judge to extend child support obligation of the paying parent beyond the age it usually lasts. Please do not delay to seek attorney's advice, especially that the payor's obligation is about to stop. I hope it helps and good luck to you and your daughter.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

You should definitely try to get her on disability. She is the exact type of person who should apply for disability. You should really talk to an attorney before his last child support payment is to be paid. If not, you could lose the ability to continue child support.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

Alabama law allows support beyond the age of majority if your child has special needs. However I believe a petition had to be filed prior to your child reaching 19.

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