In my practice as a family law attorney, I will meet and consult from time to time with mothers or fathers that have a disabled child, due to one or more physical and/or mentally disabilities. A legitimate concern for the parent, when going through a dissolution of their marriage, and as the supportive and primary care-giver for the child, are financial support matters (for both themself and the child) for when that child reaches the age of majority (in Florida, that is age of18), and the child will still have these major physical and or mental health limitations.
There are two sections in the law in Florida that I bring to their attention:
1. Extension of Alimony for Care-Giving Parents
Many times the parent has been a stay home mother or father, or only able to work part time during the marriage, due to the needs of the disabled child. In addition to the standard review for alimony or spousal support, Florida Statute 61.08 has an added provision that will allow the court to extend the length or duration of time for receipt of alimony for that care giving parent beyond the presumptive length of time if:
“[t]he extent to which the obligee is the care giver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring care giving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.”
2. Financial Support for Dependent Adult Children
As for the financial support of the child beyond age of majority, Florida law provides for parental support from the non-custodial parent to the care giving parent of a “dependent adult children” (DACs) who are unmarried and cannot support themselves due to a physical or mental incapacity that started before age 18.
The DAC must be unmarried, must have a physical or mental incapacity preventing self-support, and the incapacity must have begun before the child turned 18.
Legal Assistance in Volusia County, Florida
Rice Law Firm has dealt with these any many other related family law matters. If you are in need of a family law attorney in the Volusia County, Florida area, please give our office a call.