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visitation and CS for a special needs 18-20 year old still in high school?

Posted by on Mar. 13, 2013 at 11:28 PM
  • 24 Replies

So, I don't know if anyone here can give an answer, but I figured I'd ask just in case anyone knows.

SD is 12, she has special needs. She's 2 years behind her age group in school and will graduate high school at 20 years old. Obviously it's pretty typical for COs to stop once the child is 18 and CS to stop once the child has turned 18 (unless they are in school). BM would still have to pay CS so long as SD is in school correct? Even though SD will be 20 when she graduates?

Is there any way that BM could get a CO to enforce visitation of SD from 18-20 since SD would still be in high school? Or, does the CO automatically stop at 18 regardless? 

I never really thought about this before now. 

by on Mar. 13, 2013 at 11:28 PM
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Replies (1-10):
MommySabs
by Gold Member on Mar. 13, 2013 at 11:39 PM

Generally (but not always)  cs continues until hs graduation if their 18thbday is before.  I would think that  visitation order would depend on sd's mental capacity as to whether a court would grant a contiued co past 18.  I am just speculating though.

Tinkerbellmama
by Platinum Member on Mar. 13, 2013 at 11:50 PM

That's what DH and I were thinking as well. 

It's kinda up in the air at this point about whether or not SD will ever be able to live on her own and have a job. DH is talking to SD's therapists about applying for social security for her that way she'll have some type of income as an adult in the event that she is unable to work as it's harder to apply for social security after 18 than it is to apply as a minor and transition at 18.

Quoting MommySabs:

Generally (but not always)  cs continues until hs graduation if their 18thbday is before.  I would think that  visitation order would depend on sd's mental capacity as to whether a court would grant a contiued co past 18.  I am just speculating though.



rebeccasmly
by on Mar. 13, 2013 at 11:52 PM

It depends on how your CO is worded. In ours, its until they graduate high school. How the visitation works, I have no clue because I actually never thought about it.

rebeccasmly
by on Mar. 13, 2013 at 11:53 PM

Oh, I would also guess with the special needs of your SD, things can be different than the CO of a child without the special needs.

Tinkerbellmama
by Platinum Member on Mar. 14, 2013 at 12:06 AM

The CO doesn't specify when it ends. In our state, a parenting plan is set to automatically expire when a child turns 18.

BellaByrdie
by Member on Mar. 14, 2013 at 12:30 AM

It just depends on the State.  And the court order.  My uncle had to pay support for his daughter STILL and she is well into her 30's because she is special needs.  

My husbands child support just ended  because my SD turned 18.  She is still in high school.  But in our state it stops at 18.  And there was no court order to continue it past that. 

Tinkerbellmama
by Platinum Member on Mar. 14, 2013 at 12:36 AM

I did some quick research, and from what I've found online a court order for visitation becomes null and void once the child is no longer a minor. However, CS can continue so long as SD is in high school and through college should DH chose to file the paperwork to continue to receive it, so long as SD is living in our home.

However, due to SD's special needs, we may need to file for guardianship of her once she turns 18. But, that depends upon her cognitive abilities and whether or not she would need us to do so. 


Quoting BellaByrdie:

It just depends on the State.  And the court order.  My uncle had to pay support for his daughter STILL and she is well into her 30's because she is special needs.  

My husbands child support just ended  because my SD turned 18.  She is still in high school.  But in our state it stops at 18.  And there was no court order to continue it past that. 



faerie75
by Platinum Member on Mar. 14, 2013 at 12:40 AM
I do have a disabled 18 year old who is in hs but his dad and I are civil, no CO and he willingly is still paying cuz he's still in school. I have no legal answers.
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Steamedpuddle30
by Hi, my name is... on Mar. 14, 2013 at 12:47 AM
I think in Cali it's 18 or when you graduate high school. Whichever comes LAST.

I think w dev. Disabilities,CS can be placed longer if you want. My mil did this for my BIL. Bd had to help longer then 18
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Steamedpuddle30
by Hi, my name is... on Mar. 14, 2013 at 12:49 AM
My Dh just asked me today what month does he stop paying for OSS? OSS will be 18 this year but will graduate next may or June. Does my Dh pay may. Not June. Or June and them he is done?hmm...

For OP,I'd assume CS can be placed longer bc of the special needs needed.
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