"Disabled" Child Issue

[DevilDawgDad]

What criteria is used, and by whom, in determining a child's disability status. My son turned 18 in Jan 2007. He has also finished school. However, an objection has been moved on simplified modification request to remove his needs from the order. The basis is he is so disabled that child support should continue past age of majority. I reside on Glendale AZ.

[mistoffolees]

>What criteria is used, and by whom, in determining a child's
>disability status. My son turned 18 in Jan 2007. He has also
>finished school. However, an objection has been moved on
>simplified modification request to remove his needs from the
>order. The basis is he is so disabled that child support
>should continue past age of majority. I reside on Glendale
>AZ.

She will have to provide evidence to the judge saying that the child is unable to support himself. This would presumably include evidence from a doctor.

If it gets pushed far enough, you will have a case of competing witnesses. She will have a doctor who says he can't support himself. You will have to pay for a doctor to examine him. Even if the second doctor agrees that he CAN support himself, you're going to have an expensive trial with uncertain outcome (a lot will depend on emotional issues as well as the facts of the case - particularly since the two doctors don't agree).

You need to work with your attorney. Note that I'm not an attorney and this is not legal advice, but what I would do is to have my attorney submit a request for information on why she is objecting. I don't know how this works, but assume that there's a way to find out what information she is planning to submit. If you can't do that, then he should file for a continuance as soon as she brings up the information - so that you have time to respond.

Once you know what the basis of her objection is, then have a heart-to-heart with your attorney. Depending on how strong her case is, you may be better off just paying the support - or agreeing to some reduced level of support or shorter time or something.

Of course, if you do that, make sure you know what's going on. If he ever moves out of her house and lives on his own, then you would presumably file immediately to end support.

In any event, work with your attorney on it.

[DevilDawgDad]

Thank you for your information. I still have questions as to what compelling evidence will be needed. Until he turned 18, I had access through United Healthcare to medical claims submitted for his medical care. There is no indication of such disability shown there. I have received no requests for reimbursement for uncovered medical expenses. When I was in the "home", he was a highly functioning, intelligent child. If he is so debilitated, she would do better by getting onto SSI. He would have $623.00 per month and be eligible for medicaid. The other question is how long will I be compelled to pay child support in this kind of situation?

[mistoffolees]

The compelling evidence will be testimony from a doctor that he's disabled.

The fact that there are no medical claims to support the claim of disability doesn't mean anything. There are disabilities which do not require regular medical attention.

You are correct that if he's disabled, he should be able to receive SSI. That might be a reasonable approach - tell your ex to apply for SSI. If they reject him, that would support your position. If, on the other hand, they give him SSI, it would reduce your support obligations somewhat (but it would be pretty convincing evidence that he truly is disabled, so you'd almost certainly end up paying something). If she refuses to apply for SSI, you could probably use that as evidence that the disability isn't real (you should also contact SSI with his SS number to see if a claim has been filed and rejected).

As for how long? I would assume it's until:
a. The disability ends
b. You die
c. Your son dies
or
d. You are unable to pay

[ocean]

Was the child in any special classes at school? Get the last report card if you can and bring that and the medical records. She is just trying to get the support longer.....

Good luck!

[ohu812]

She can still get SSI and medicaid and continue with child support. SSI will determine what they will pay then subtract from it what you pay as CS. Either way CP gets the same amount. She better watch out though cause there is a lot of fine print. Once you put a disability on record it is never removed so if he is high functioning and goes to college he will have a hard time getting a job because of disability on record. Insurance will exclude his disability for life. If he chooses to live in dorms or move out of moms or has to live in a facility (state center,group home,etc.). Mom is not entitled to keep the money. I have a special needs child and I have never revealed anything in court. I even agreed to a minimal (100$/month) fixed rate on medical support. I am CP and I pay all premiums and out of pocket (NCP only pays $100/mo.) even though it costs me about 500/mo in medical alone for one child. He is high functioning and I dont want it in court documents as it may limit him in the future. One good indicator would be to ask that CP apply for SSI if he doesnt qualify then the courts will not accept the disability claim. Disability has to be a significant impairment of mind or body. Basically she has to proof he cant function in day to day activities. Get a full workup mentally and physically (IQ testing,psychologist evaluation, and head to toe physical) and go from there.