Under Oklahoma law, adult child support continues for adult children who are mentally or physically disabled. The reason for this statute comes from the belief that the care of a disabled child should be covered by both parents as long as the disability continues.
Requiring one parent to take on the financial responsibility of a disabled child is not only unfair, but does not accurately depict what the child support laws of Oklahoma represent.
Sometimes statutes can be difficult to understand and full of legal jargon. Recently, a case was heard before the Oklahoma Court of Appeals that delved into the scope of adult child support laws. This case illustrates the factors courts look for when ordering adult child support, and how the factors are applied to a specific case.
Continuing Support for Adult Children
The adult child support statute can be found under Okla. Stat. tit. 43 § 112.1A. The statute can be summarized as the court can order indefinite and continued child support for any child over the age of 18, and may determine the parents’ rights and responsibilities if the court finds that:
- The child is not able to support themselves, and requires substantial care and support due to physical or mental disability;
- The disability was known or the cause was known, on or before the 18th birthday.
Patrick v. Patrick
A case came before the Oklahoma Court of Appeals in 2016 for a couple with two minor children at the time of the divorce. However, when the oldest child turned 18, he was living independently in a home paid for by his father.
He was subsequently charged with a DUI and voluntarily entered an alcohol rehabilitation program. Mr. Patrick paid the expensive rehabilitation bills willingly. Six years after the divorce, and two years after his son turned 18, he filed a motion to request Mrs. Patrick help pay the rehabilitation bills.
The court found Mr. Patrick was unable to prove his child had a mental or physical disability. Drug and alcohol addiction is not a disability, according to the court. Mr. Patrick’s son also was living independently prior to the DUI, and he did not prove his son was unable to be self-supporting after rehabilitation.
Further, the court stated Mr. Patrick was unable to show, even if he had a disability, there was substantial care or supervision — or that it existed — prior to his son’s 18th birthday.
Patrick Factors
A child support attorney can help further explain these factors and find out if your case applies. We are able to extrapolate from this case the factors that are important for your child support attorney to prove when requesting adult child support:
- An actual mental or physical disability exists.
- The disability requires substantial care and supervision.
- Your child is unable to be self-supporting because of the disability.
- The disability, or the cause of the disability, is known on or before the 18th birthday.
Free Consultation with a Tulsa Adoption Attorney
Hiring a child custody attorney to request adult child support will ensure the process is expertly plead and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child support process.
For a free confidential consultation, call now: 918-924-5526.
