Pursuant to the applicable laws in the Commonwealth of Pennsylvania, the obligation for child support generally ends upon what is commonly known as “emancipation”, which is when a child turns 18 or has graduated from high school, whichever comes later.
However, if a child has a physical or mental disability that prevents him/her from being able to support him/herself, the obligation for support can continue beyond 18, sometimes indefinitely. Emancipation can also terminate child support, even for a child with a disability, if they become self-sufficient or self-supporting through marriage, military service, or court-declared emancipation.
For an adult child to be considered “self-sufficient”, or legally independent, it would need to be shown that he/she is able to support him/her-self and make their own major life decisions without any significant financial support and/or assistance. Examples of self-sufficiency would include living independently and earning a basic living, even if they still require some assistance, which, as many of us probably already know, is not uncommon even for adult children without a disability.
If you should find yourself in a situation wherein you are in a dispute over the current and/or continuing obligation to support your disabled adult (emancipated) child, the Court will need to ultimately decide if your adult child is, nevertheless, self-sufficient after consideration of the specific and underlying circumstances given their disability and the extent of their actual needs as a result.
This can be a life-changing and/or altering situation as there is no fixed age as a matter of law in such situations in Pennsylvania by which the continuing obligation for support of a disabled adult child would terminate, and it is possible that such an obligation could be for the life of the child.
Accordingly, it is important that you speak with an attorney experienced with such matters so as to ensure that your legal rights are properly protected in the underlying legal process/proceedings.
The Law Firm of DiOrio & Sereni, LLP is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.dioriosereni.com or contact Robert B. George, Esquire at 610-565-5700 or at [email protected].
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