Pertaining to child support, how long is ex-husband legally responsible. We have special needs son and we both are fully aware that he will need to stay in school till he is 21yro. Also how do I obtain legal guardianship of our son when he turns 19yrs?

Thank you in advance for all your help.

The rules for the emancipation of a special needs child is certainly different. It is black letter law that a child emancipates once he reaches the age of majority, graduates from high school, or graduates from college. However, these rules are not applied to a child who is a special needs child. It is important to emphasize that emancipation is considered to be an event in the law, and it is not simply a date certain. The key concern is that emancipation occurs when a child moves beyond the sphere of influence and responsibility exercised by a parent and achieves an independent status on his or her own.

In the real world, most special needs children may never move beyond their parent's "sphere of influence". Therefore, child support for a special needs child may continue for a very long time. A parent may be required to support a special needs child who even though he may have reached the age of majority. If the special needs child is incapable of maintaining himself due to their illness or disorder then most judges will not declare the child emancipated. In closing, in many cases a court will never declare a special needs child emancipated. Thus, child support could continue indefinitely for a special needs child.

Theodore Sliwinski,Esq

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Originally Posted by answerme_tender

. Also how do I obtain legal guardianship of our son when he turns 19yrs?

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Contact the Office of the Public Guardian in your state. Every state differs, and you should just ask them where you need to begin and let them walk you through the process. You will need to fill out an application for guardianship and file a petition for appointment of a guardian with an appropriate state district court.

This is something that is negotiated as part of your Divorce decree. It may not be governed by specific law.

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Originally Posted by ScottGem

This is something that is negotiated as part of your Divorce decree. It may not be governed by specific law.

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Even it was negotiated as part of their divorce decree, it may be re-opened at any time.

Thank you for your knowledge in this matter. Take care