Child Support for Adult Disabled Children in Texas

For most families, child support ends when a child turns 18 or graduates from high school. But some children will need substantial care for their whole lives. Texas law recognizes this and allows a court to order child support to continue indefinitely for an adult child with a disability. If you're raising a child with significant special needs in Seguin or anywhere in Guadalupe County, this is a topic to plan for well before your child's 18th birthday.

Who qualifies

Under Section 154.302 of the Texas Family Code, a court can order support for an adult child, or a child who will soon be an adult, if:

• The child requires substantial care and personal supervision because of a mental or physical disability;
• The child will not be capable of self-support; and
• The disability existed, or the cause of the disability was known to exist, on or before the child's 18th birthday.

That last requirement is key. If an adult child becomes disabled after turning 18 from a cause that didn't exist before then (for example, a car accident at age 22), this statute generally doesn't apply.

The disability doesn't have to fit a single diagnosis. Courts have applied the law to a wide range of physical, intellectual, developmental and mental health conditions. What matters is the level of care and supervision required and whether the child can support themselves.

Who can file

A suit for adult disabled child support can be filed by:

• A parent of the child;
• Another person who has custody of the child or is the child's guardian; or
• The adult child, if the child is not incapacitated.

The request can be included in a divorce, raised in a later modification, or filed as its own case. Importantly, it can generally be filed even after the child turns 18, as long as the requirements are met. Still, filing before regular support ends helps avoid a gap in payments.

How the amount is set

The regular percentage guidelines aren't automatically applied the same way to adult disabled child support. Instead, the court considers factors such as:

• The child's existing and future needs that are directly related to the disability.
• The extent to which the parent with custody will provide care or supervision, and whether that affects the parent's ability to work.
• The child's own financial resources, including government benefits.
• Any other resources or programs available to meet the child's needs.
• Each parent's resources and ability to pay.

Expect to provide detailed evidence: medical records, statements from doctors or therapists, an accounting of disability-related expenses, and evidence of the caregiving parent's time commitment. For background on regular support, see how child support works in Texas.

Who receives the payments

The court can order the support paid to the parent or guardian caring for the child, to the adult child in some circumstances, or to another appropriate arrangement. In some situations, payments may be directed to a trust for the child's benefit. How the money is paid can matter a great deal for benefits.

Impact on SSI and Medicaid

Many adults with disabilities receive Supplemental Security Income (SSI) and Medicaid, which are needs-based. Child support paid for an adult child can count as income for SSI purposes and may reduce or even eliminate the monthly SSI payment, which can in turn affect Medicaid eligibility.

Planning tools that families often discuss with their lawyers and benefits advisors include:

• Directing support into a properly drafted special needs trust, where allowed.
• Structuring the order so support covers specific needs in a way that limits the effect on benefits.
• Coordinating with a representative payee for Social Security benefits.

Benefit rules are complicated and change. Before finalizing an order, have someone familiar with SSI and Medicaid review how the support will be paid.

Guardianship and decision-making

When your child turns 18, they become a legal adult, even if they have a significant disability. Your custody order no longer gives you the right to make medical, educational or financial decisions for them. Depending on your child's abilities, you may need a guardianship or a less restrictive alternative such as a supported decision-making agreement or powers of attorney.

A guardianship application can be filed after the child turns 17 so it's in place at 18. Learn more in guardianship for an adult child with disabilities and alternatives to guardianship in Texas.

Modifying or ending adult disabled child support

Like other support orders, adult disabled child support can be modified if circumstances materially and substantially change, such as a change in the child's needs, living situation, or a parent's income. It may also be addressed if the child's condition improves enough that they can support themselves. It can be enforced with the same tools as regular child support.

A timeline for planning

• Early teens: Gather medical documentation showing the disability and its effect on self-care and work.
• Around 16 to 17: Consider whether your divorce decree already addresses support past 18. If not, talk with a lawyer.
• After 17: Consider filing for guardianship or setting up alternatives.
• Before 18 or graduation: File for adult disabled child support so payments don't stop.

Attorney Jesus R. Lopez handles both family law and guardianship matters, which helps families coordinate support and decision-making in one plan. Visit our child support lawyer page to learn more.

Frequently asked questions

Have questions about your situation? Talk with a Seguin child support lawyer. Consultations are free, by phone or in person, in English or Spanish.

Related guides

This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.