Law Office of Roland R. Esparza, P.C.

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Child support for children with disabilities

Supporting a child in San Antonio following a divorce can place a severe financial burden upon you. Many of those that we here at The Law Office of Roland R. Esparza work with who are in similar situations may find that burden to be even heavier if their children suffer from disabilities. Child support payments from your ex-spouse may serve to ease some of the monetary strain you may be feeling, yet the unique nature of your child’s condition may require an additional obligation from your ex and possibly even you.

The Texas Family Code defines a disabled child as one that “requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support.” In such a case, your child may qualify for indefinite support, but only if his or her disability or its underlying cause is identified on or before his or her 18th birthday.

You or anyone having guardianship or physical custody over your child can initiate action to collect such support at any time. Your child may even bring such action him or herself, provided that the following criteria are met:

  • He or she is over the age of 18.
  • His or her disability does not affect his or her mental capabilities.
  • He or she able to manage his or her own financial affairs.

If support is still needed after your child turns 18, the court takes several factors into consideration when determining how much your ex and possibly even you must continue to pay. These include any and all available financial resources, your child’s future needs, and how much he or she will rely on one of you to provide for those needs.

You can find further information on unique child support requirements here on our site.

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