Legal Question in Family Law in Maryland

Child with visual impairment and child support issues.

I have a 22 year old daughter with a visual impairment , I agreed to pay child support until "child was fully self supporting and long as all resonable efforts were being made to become self-supporting'.At the age of 21 I stopped paying becuase the mother did not encourge the child to participate in any programs the state offered for the visually impaired ,except SSI money. I would gladly pay support for this child forever if I thought she really was unable to function as an adult. Does being Legally blind (child has partial vision) constitute being a "destitue adult child". Mother is now sueing for arrears of a year. What are my legal rights in this matter. And what Is fully self-supporting as defined by the law ?


Asked on 9/30/00, 9:21 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Child with visual impairment and child support issues.

To answer your last question first, there is no precise legal definition of "fully self-supporting". These issues are decided on a case-by-case basis. Obviously there are many people with your daughter's handicap who are fully capable of supporting themselves.

Perhaps now is the time to try and re-negotiate an agreement with your ex to try and include a definite support termination date so you can have some finality. Maybe you would agree to pay for any further training or education your daughter needs to get her to where she needs to be in order to be able to function independently of her parents. You could offer to do this in lieu of any direct payments to the mother. Then you could be sure that your daughter is getting the proper assistance to enable her to reach the level she should be at.

Read more
Answered on 10/31/00, 3:38 pm
Carolyn Press Chung & Press. P.C.

Re: Child with visual impairment and child support issues.

Strange as it may seem, considering the small amounts of support provided by SSI, those amounts are considered to be full support for a disabled individual. If you or your daughter's mother is providing support, that will reduce the amount paid by SSI. If the support is being provided without reporting it through the Social Security Administration, the failure to report it is fraudulent and the government could demand repayment of SSI benefits. Your daughter, or her "representative payee" if someone else is handling her funds, is required to make regular reports of income and assets and any financial assistance from sources other than SSI. Living on SSI is not considered destitution, but it is no way to live if one has any other choice. If your daughter is legally blind, she may nevertheless be able to come employable and live a good life with some independence. I don't think you can be held responsible, according the terms you described in your agreement, for continued support, but it would be a good thing to do what you can to help your daughter to become employable and employed. Even employment in a sheltered workshop will provide her with more income than SSI.

Read more
Answered on 10/31/00, 3:51 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland