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Child Support for Adult Children with Disabilities

Child Support for Adult Children with Disabilities

In Nevada, noncustodial parents are expected to pay child support until their children turn 18, or 19 if the child is still in high school and is supposed to graduate by their 19th birthday. But what if the child turns 18 and he or she is disabled? Does the parent still have to pay child support even though their child is technically an adult?

In Nevada and all 50 states, a parent can be ordered to continue paying child support beyond their child’s 18th birthday if he or she is disabled. If the parents are still married and their disabled adult child cannot work or live alone, they still have to support him or her. So, the parents’ responsibility could continue regardless if they are married, they were never were married or they are divorced.

When Does Child Support Continue?

Child support for a disabled adult child does not always continue because a child is disabled. In some cases; for example, when the child can work and they can live on their own, child support may not be necessary. On the other hand, there are certainly instances where a disabled adult child needs continued financial support from both parents.

Does the disability prevent the child from working, and living on their own? Those are two very important questions. Also, did the physical or mental disability start before the child turned 18? For the court to continue child support beyond 18, the disability must have started before the child’s 18th birthday, and it must be the reason why the child cannot work or live alone.

Giving the Court Proof

Whether a noncustodial parent is asking for child support to continue or a noncustodial parent is arguing that it’s no longer necessary, to prevail, the parent will have to convince the court that what they are saying is true.

For the noncustodial parent to receive child support beyond 18, they’ll need to show the court that the child is disabled and cannot work or live alone.

For a parent to prove to the court that child support is not necessary beyond 18, they’ll need to convince the court that the child can live on their own. Supportive evidence may include documentation about the child’s work history, and any life skills the child has developed that can show that they can now live alone.

To learn more, see NRS 125B.110.

Do you need legal assistance with a child support matter involving a disabled adult child? If so, contact Leavitt Law firm for the help you need.

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