Legal Question in Family Law in New Jersey

Child support ''Forever'' for handicapped daughter???

I was wondering if there are standard rules set as far as child support goes for a handicapped child? My husband's divorce decree does not state anywhere how long we will be paying for her care. Nor does it mention anywhere anything about her emancipation. Does the state of New Jersey take over supporting at the age of 18 or 21 like many other states do?


Asked on 9/27/05, 1:45 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child support ''Forever'' for handicapped daughter???

The Uniform Child Support Enforcement Act is written into the Code of all fifty states.

Virginia Code 16.1-278.15(A) says "The court may also order the continuation of support for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, (b) unable to live independently and support himself, and (c) resides in the home of the parent seeking or receiving child support."

A plain reading of this Virginia Code and the cases that flow from it is that as long as the statutory criteria are met, a support obligation will exist. Remember that support obligations can be offset by any other payments that come to or for the handicapped individual.

Good luck.

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Answered on 9/28/05, 12:28 am


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