Going through a divorce can be more complex if you and your ex-partner have an adult child with disabilities. That’s because you’ll need to consider their medical, emotional, and financial needs both now and long after the ink on your divorce papers has dried.
Here in Connecticut, a judge has the authority to order continued child support for an adult child with disabilities up to the age of 26. This isn’t guaranteed, and the court will determine the child’s needs and a parent’s ability to pay before making a judgment.
What Does Connecticut Law Say?
A child normally reaches the age of majority — the age the law considers them to be an adult — at 18. However, a child with disabilities may develop independence more slowly. Because of this, the law can require them to receive additional care, protection, and financial support for a longer period of time. In some cases, a child may have specific care needs for their entire life.
From October 1, 2023, family courts in Connecticut can make an order of support for a child with an intellectual, mental, learning, or physical disability up to the age of 26 in cases that involve a divorce, separation, or annulment.
A judge may determine the length of child support and other types of support a child is entitled to. For example, a parent may need to provide or maintain health insurance coverage if it’s not available at a reasonable cost.
Connecticut law can be difficult to understand, so consult with a reputable attorney like Rich Rochlin when going through a divorce.
Schedule a consultation by calling (860) 357-9158
Defining a Disability
The law in Connecticut defines four types of disability for extended child support eligibility:
Intellectual disability
This is when a child has a “significant limitation” in intellectual functioning that exists concurrently with “deficits in adaptive behavior” originating before 18 years of age.
Mental disability
A child with a mental disability must have a record of at least one mental disorder listed in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) from the American Psychiatric Association.
Learning disability
A child with a learning disability exhibits a “severe discrepancy between educational performance and measured intellectual ability.” They also exhibit a disorder in one or more of the “basic psychological processes involved in understanding” or “using language,” whether that’s spoken or written. This may manifest as a “diminished ability to listen, speak, read, write, spell or to do mathematical calculations.”
Physical disability
A child with a physical disability has any “chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness.” This includes conditions such as epilepsy, deafness, being hard of hearing, and being reliant on a wheelchair or other device.
Determining what kind of disability your child has for the court may be difficult, especially if they have several medical conditions. Working closely with your healthcare provider(s) during the divorce process can help you build a strong case for child support and ensure the court receives the correct medical information about your child.
How to Navigate the Legal System
Every child support case is different, and a judge will consider your adult child’s specific needs before making an order. This may involve taking into account your child’s:
- Age
- Medical conditions, symptoms, and long-term prognosis
- Current residential arrangements if you and your ex live apart
- Daily support needs — for example, your child may have specific healthcare or educational requirements
- Financial needs, such as costs for treatment, medical equipment, personal nursing services, etc.
You will also need to provide evidence about your child’s condition and financial needs. This may involve submitting medical records, bank statements, or expert testimony from a doctor or other healthcare professional.
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Why You Need a Connecticut Divorce Attorney
Understanding an order of support for an adult child with disabilities can be difficult, especially if the court requires certain provisions for the child’s care. An experienced divorce attorney in Connecticut can help you make sense of the law and ensure you provide protections for your child when going through a divorce, separation, or other type of breakup.
Going through any breakup is hard. However, things can be more difficult when you and your ex can’t decide what’s best for your child. An attorney helps you settle any disagreements and ensures the legal system protects your child’s best interests, no matter how complex they may be.
Are you going through a divorce and have an adult child with disabilities? Rich Rochlin is here to support you. Our family divorce law firm in West Hartford, Connecticut, will fight in your corner during a complicated breakup, providing the peace of mind you need. Call (860) 357-9158 to learn more.
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