![]() It is very likely that the rules in any particular state may differ from those described below. It is important to note that this article describes, in general terms, the law throughout the United States with respect to a parent’s support obligations for a child with disabilities. If the parent who is subject to an order to pay child support is the beneficiary of a special needs trust, can the special needs trust itself be held liable to pay the child support?.If a child is the beneficiary of a trust, can the trust assets or income be used to offset or reduce a parent’s child support obligation?.If a parent is required to pay child support, can a parent’s support obligation be reduced or offset by public benefits the child is receiving?.If the answer is “yes” to Question 1, does it matter when the child first became disabled?.Can a parent be required to support an adult child who has a disability?.This article explores the current status of the law in the United States regarding the following questions: However, by reviewing statutes and court opinions throughout the country, some general trends become readily apparent. Each state has unique laws that apply to its citizens, particularly with respect to matters that impact families and children. ![]() But what about an adult child? Can a parent be required to financially support a child who reached the age of majority? Not surprisingly, that answer depends on where you live.Īlthough it is easy to think that the laws of the United States are uniform from coast to coast, in reality that is not true. We all know that a parent has a duty to support his or her minor child. He practices law in Kansas and Missouri with major emphasis in the areas of estate planning, elder law, special needs trusts, and planning for persons who have a disability. Reaves is an adjunct professor of elder law at the law schools of the University of Kansas and the University of Missouri-Kansas City. He is listed in Best Lawyers in America and has been designated as a Missouri Super Lawyer. Holding the CELA (Certified Elder Law Attorney) designation from the National Elder Law Foundation, he is a Past President and Fellow of the National Academy of Elder Law Attorneys and a Fellow of the American College of Trust & Estate Counsel (ACTEC). This installment was written by Special Needs Alliance member Craig C. The Voice is the email newsletter of The Special Needs Alliance. ![]()
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