My divorce decree states that my child support continues until graduation or age 19, whichever comes first. My son had seizures when he was a baby and was on medication until age 10. After our divorce the ex managed to enable him to get SSI payments. He has recently turned 18 and I know she is putting him through medical tests because SS is reevaluating and qualifying him as an adult. IF he receives SSI as an adult, does he become emancipated at that point? He was diagnosed with a learning disability, however, his most recent report card has straight A's and he is fully functional. He graduates in 2010... Thanks in advance.

Depends on the State - what State? There is a very recent thread on this same subject and the answer in that State was that the father is responsible for support as long as the child is determined to have a disability.

Your user name would make me think you are in Florida but I learned a long time ago that user names and location can be two different things.

He resides in Florida. Since my son is months away from his 19th birthday, I am under the assumption that my ex is putting him through extensive medical tests to enable her to to continue his child support beyond that time.

If your divorce paperwork says that the child support ends at a certain age then it will end regardless of what happens with Social Security.

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Originally Posted by markinfla

He resides in Florida. Since my son is months away from his 19th birthday, I am under the assumption that my ex is putting him through extensive medical tests to enable her to to continue his child support beyond that time.

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The only way its going to be extended is through the courts. What she would have to prove is extrodinary expenditures for the child and also lack of skills ( i.e. he would need full time care ). It is possible that she may be able to get it extended until graduation without a lot of proof other then learning disability. So at most you might be looking at a 1 year extension. ( you had said he is set to graduate 2010 )

I can't imagine getting anything extended if the kid gets straight A's. I am sure disability will turn him down. In Florida they turn everyone down the first time out of the gate and it usually takes years to successfully receive disability of any kind. The usual time in Florida from start to finish is about 3-4 years after at least 1 turn down and then retaining an attorney to help get the benefits. If the child was getting D's or F's then possibly the child has a learning disability... but with straight A's I cannot see them granting benefits. If SS is reevaluating him as an adult, then more than likely he will be dropped. They like to drop people for any and no reason. Then mom will have to reapply for him and try and convince the disability doctors that he has a disability. The extensive testing on her part for the son will end up backfiring for mom in the long run.