questions & answers

Question: I am the gaurdian of my disabled son. He recieves social security because I am disabled. The guardianship began on his 18th birthday. Because I am traveling I have an agreement with his mother for him to stay with her. She expects me to continue to send her an additional $1200 because that was my child support agreement. I told her that was changing. She needed to provide reciepts for reimbursement for any thing above his room and board. She believes this money is for her use and has filed a motion to have herself named as guardian. Question does child support continue for an adult in guardian

Answer: TO answer your question about child support: A.R.S. § 25-320(E) is the applicable law. the court may order child support to continue past the age of 18 and if the disability was not addressed when the child support was originally ordered, the court may enter a new order. Short answer: child support may be ordered by the court. If not, it is not child support - it does not simply continue because a parent wants it to do so.

Here is the text of the law:
E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

1. The court has considered the factors prescribed in subsection D of this section. [Court has applied the Arizona Child Support Guidelines.]

2. The child is severely mentally or physically disabled as demonstrated by the fact that the child is unable to live independently and be self-supporting.

3. The child’s disability began before the child reached the age of majority. …

For this provision to apply in any given case, the adult-child must have manifested the disability during his or her minority. The court may order support to be paid to the adult-child or to the parent who provides the requisite care to that son or daughter.