# Do parents have any obligations towards disabled children past age 18?

**URL:** <https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433>\
**Category:** Factual Questions\
**Created:** [July 23, 2018, 2:44pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433 "2018-07-23T14:44:33Z")\
**Posts on this page:** 15\
**Page:** 1

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [July 23, 2018, 2:44pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/1 "2018-07-23T14:44:33Z")

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Years ago, I posted a [thread](https://boards.straightdope.com/sdmb/showthread.php?t=499064) asking whether parents can hand their child an eviction notice at midnight of their 18th birthday (the answer seems to be yes).

What if the 18 year old newly minted legal adult has some sort of serious disability? Does that make any difference under the law? Do parents have any legal obligations to take care of their disabled children past 18?

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**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\
**Post date:** [July 23, 2018, 2:55pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/2 "2018-07-23T14:55:43Z")

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[**Yes.**](http://www.ncsl.org/research/human-services/termination-of-child-support-exception-for-adult.aspx)

> [@](#):
>
> The majority of states use 18 as the age of majority (in cases where the youth is still in high school the age of majority may extend beyond 18). States may order support while a child is in college (For more information, visit Termination of Support- College Support Beyond the Age of Majority).
> 
> An exception to the rule that parents’ duty to support their children ends at the children’s majority occurs when the child is disabled. In cases where the child is disabled, mentally or physically, and therefore unable to support himself/herself upon reaching the age of majority most states have adopted the rule that parents have a duty to support their adult disabled children. Most often, courts define “disability” in economic terms, i.e., the inability of the adult disabled child to adequately care for himself/herself by earning a living by reason of mental or physical infirmity. States differ as to whether support for an adult disabled child is determined by the state’s child support guidelines or by the needs of the child as balanced by the parents’ ability to provide support.

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [July 23, 2018, 3:57pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/3 "2018-07-23T15:57:36Z")

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Thank you.

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**Author:** ![naita](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/naita/32/5862_2.png) [@naita](https://boards.straightdope.com/u/naita)\
**Post date:** [July 23, 2018, 4:17pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/4 "2018-07-23T16:17:04Z")

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Jasmine’s source seems to be referring mostly to legislation on court ordered child support, though some are indeed outright statements that both parents have an obligation to support a child unable to work for a living. But most of the citations are for court ordered child support, and many are worded to _allow_, not mandate, that the court order support to continue beyond the child’s 18th birthday. And some states do not have any such law, or requires the consent of both parents to enact such an agreement.

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**Author:** ![Marvin\_the\_Martian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/marvin_the_martian/32/2898_2.png) [@Marvin\_the\_Martian](https://boards.straightdope.com/u/Marvin_the_Martian)\
**Post date:** [July 23, 2018, 5:17pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/5 "2018-07-23T17:17:35Z")

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Certainly not in Pennsylvania. I have a 28 year old disabled daughter in PA. Her mother and I are her legal guardians. I have zero legal obligation to provide financial support, either as her parent or as her guardian. I do provide medical insurance (through my employer’s plan, which allows disabled adult children to remain on my plan past age 26) and supplemental financial support (mainly clothing and taking her for vacations and meals). Her basic living expenses and supports (group home, aides as necessary) are provided through the state Medicaid and associated waivers.

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**Author:** ![EricaRoche](https://avatars.discourse-cdn.com/v4/letter/e/3da27b/32.png) [@EricaRoche](https://boards.straightdope.com/u/EricaRoche)\
**Post date:** [July 24, 2018, 10:58am UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/6 "2018-07-24T10:58:03Z")

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Not to go off topic but even with children who aren’t disabled, how many realistically are “kicked out”? Maybe confirmation bias but I’ve never seen a teenager who came from an okay family being kicked out and on the street here in (at least more than 2-3 isolated ones). And I know that in the UK/Ireland, council houses are not prioritized to young but to single mothers and then families.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [July 24, 2018, 12:47pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/7 "2018-07-24T12:47:47Z")

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> [@EricaRoche](#):
>
> Not to go off topic but even with children who aren’t disabled, how many realistically are “kicked out”? Maybe confirmation bias but I’ve never seen a teenager who came from an okay family being kicked out and on the street here in (at least more than 2-3 isolated ones). And I know that in the UK/Ireland, council houses are not prioritized to young but to single mothers and then families.

I presume the majority fall in the same category I did with my parents - “we will help you if you need help, but we need to see you have made and are making an effort to help yourself.”

Plus some parents are still indulgent to a fault too. But in my late teens, it was not impossible to find at least a part time job or stay in university (or in my case, both.) The case in the news appears to be a guy who decided to keep living at home and letting ma and pa feed him while he did nothing; and I presume the court case was the final stage of years of growing “encouragement” that he get a job, get out in the world, stop freeloading. I do know one case where the parents took the easy route - “we’re selling the house and moving to a small apartment, so you have 3 months to figure out what you’re going to do…”

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**Author:** ![naita](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/naita/32/5862_2.png) [@naita](https://boards.straightdope.com/u/naita)\
**Post date:** [July 24, 2018, 5:11pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/8 "2018-07-24T17:11:37Z")

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> [@EricaRoche](#):
>
> Not to go off topic but even with children who aren’t disabled, how many realistically are “kicked out”? Maybe confirmation bias but I’ve never seen a teenager who came from an okay family being kicked out and on the street here in (at least more than 2-3 isolated ones). And I know that in the UK/Ireland, council houses are not prioritized to young but to single mothers and then families.

Have you seen teens from “non okay families” being kicked out? And why are you excluding “non okay families” from your “kicked out” statistics anyways?

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**Author:** ![Fenris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fenris/32/498_2.png) [@Fenris](https://boards.straightdope.com/u/Fenris)\
**Post date:** [July 24, 2018, 5:16pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/9 "2018-07-24T17:16:01Z")

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> [@Jasmine](#):
>
> [**Yes.**](http://www.ncsl.org/research/human-services/termination-of-child-support-exception-for-adult.aspx)

Quick hijack: why do you make your links so huge, font wise? 🙂

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [July 24, 2018, 6:55pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/10 "2018-07-24T18:55:23Z")

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Generally, from what I’ve heard in Friend-of-a-friend anecdotes, “not OK” families usually reach a mutual decision to part ways - “If you aren’t going to follow my rules, get out…” As opposed to not-trouble-making but not energetic twenty-somethings which is what I assume is meant by “ok families”.

AFAIK in Canada, most provinces require the non-custodial parent to continue child support (including help paying tuition) for over-18 children who go to post-secondary education; at least up to the first degree. A friend of mine mentioned once her husband was being dinged for money to support his children with his ex, even though he was pretty sure the one was not in college (they lived in another province). It was easier and about as fast to pay for the rest of the year and wait for a college transcript (and then stop if it was not forthcoming) than to go to court to try and prove lack of attendance.

Just as a side note, there are a few cases in the news in past years where children are being made to pay for their parents’ care too. Plus, there was a Quebec case - based on ancient French law - which decided that grandparents had to pay child support for the grandchild, since the father was not around to do so. (But, IIRC, he grandparents had a pretty significant participation in the child’s life anyway).

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**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\
**Post date:** [July 24, 2018, 7:05pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/11 "2018-07-24T19:05:30Z")

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> [@Fenris](#):
>
> Quick hijack: why do you make your links so huge, font wise? 🙂

Just because.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [July 24, 2018, 9:05pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/12 "2018-07-24T21:05:50Z")

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> [@Jasmine](#):
>
> Just because.

Well, that was a let down. I was expecting reasons.☹

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**Author:** ![Discordian](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@Discordian](https://boards.straightdope.com/u/Discordian)\
**Post date:** [August 2, 2018, 12:07am UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/13 "2018-08-02T00:07:46Z")

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Legally, not usually, depends on local laws.

Morally, always.

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**Author:** ![nightshadea](https://avatars.discourse-cdn.com/v4/letter/n/7ba0ec/32.png) [@nightshadea](https://boards.straightdope.com/u/nightshadea)\
**Post date:** [August 2, 2018, 2:22am UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/14 "2018-08-02T02:22:12Z")

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financially yes if there on some sort of assistance plan in some states

How it works in the state pays out to the offspring

But the state files against your federal income tax return to get paid back dad hasn’t had a federal tax refund since 1980 in the case of my mentally disabled brother because hes not legally an adult

in my case SSA just takes it straight out of his social security retirement account and gives it to me I don’t think calif has anything to do with it anymore

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**Author:** ![sitchensis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sitchensis/32/4892_2.png) [@sitchensis](https://boards.straightdope.com/u/sitchensis)\
**Post date:** [August 3, 2018, 7:43pm UTC](https://boards.straightdope.com/t/do-parents-have-any-obligations-towards-disabled-children-past-age-18/818433/15 "2018-08-03T19:43:50Z")

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One of the toughest things I’ve had to whiteness was a man who had to legally cut ties with his daughter. It was the only move logically and financially as she needs 24 hr care, but it was pretty emotionally devastating to him.
