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casmithjones · Mar 2, 2010, 04:29 PM

My wife divorced her ex-husband when my step-daughter was 4 years of age. The divorcée decree doesn't indicate in requirements related to college expenses. My step-daughter is currently trying to attend a community college. She has been determined by our current state of residence as being Severely Emotionally Diasabled, and is receiving State Medical Assistance through Medicaid and additoinal State Community Support thorugh the Social Rehabilitation Services. Social Rehabilitation as advised us, and we have complied, to have my step-daughter apply for Federal SSI benefits. Upon advice of Medical doctors, hospitals, and the suggestion of Social Reabilitation Services, my wife and I were made legal guaridans for my step-daughter now that she is 18 years of age. Her biological father, who lives in California - a different state then us, has never had any custody rights and his visitation has been at the descreation of my wife. He has paid child support up to my step-daughter's 18th birthday. An attorney in Missouri, although we do not live in that state, has advised me that divorced parents are required by MO state law to support a child while in college. The same attorney advised me that California Law would apply in this situation, and that I would need to speak with an attoney in California about requiring the ex-husband of my wife to support his adult disabled child and her college expenses. I have found some laws in California that seem ti indicated a disabled child must continue to be supported, but I do not know if this would apply in my situation.

AK lawyer · Mar 2, 2010, 05:13 PM

You, your wife, and your step-daughter live in which state? California?

What is the state the courts of which issued the divorce decree?

What does the decree say about the matter? He is to pay support until the step-daughter reached the age of 18? That would seem to be conclusive: he doesn't have to continue to support her after her 18th birthday.

cdad · Mar 2, 2010, 07:45 PM

Originally Posted by AK lawyer

You, your wife, and your step-daughter live in which state? California?

What is the state the courts of which issued the divorce decree?

What does the decree say about the matter? He is to pay support until the step-daughter reached the age of 18? That would seem to be conclusive: he doesn't have to continue to support her after her 18th birthday.

Correction here. In Calif its 18 AND graduated High School. Not just 18 with a cap at 19 regardless. Another thing is there is no provision for advanced schooling like college or tech school. But there is for disability and its associated costs that may come with it. Child support can last a lifetime depending on the nature and severity of the disability.

AK lawyer · Mar 2, 2010, 08:33 PM

Originally Posted by califdadof3

Correction here. In Calif its 18 AND graduated High School. Not just 18 with a cap at 19 regaurdless. Another thing is there is no provision for advanced schooling like college or tech school. But there is for disability and its associated costs that may come with it. Child support can last a lifetime depending on the nature and severity of the disability.

Again, it's depending on the wording of the decree. If, suppose it's a California decree, the matter has been decided, wrongly or not. I don't know that the custodial parent can go back to court and ask for more just because he/she screwed up at the time of the divorce.

Especially when the non-custodial parent is not in California: I would argue that California no longer has jurisdiction over him.

casmithjones · Mar 3, 2010, 09:22 AM

To clairfy the bioligical father lives in California and my wife and I live in the Midwest with the step-daughter. There is no provesion in the divorce decree for post high school support. However, her medical bills are significant, but Medicaid is now taking care of a significant amount, plus as long as she is enrolled in some college course work, my wife's private insurance also covers her. She has been declared disabled, through the Severely Emotional Disabled Waiver of the state in wich we live, plus the courts have declared her in need of a legal guardian, thus my wife and I have become her guardians not that she is 18. She has never been able to hold down any employment and in my opinon will likely not make it through college. However at present, she is taking fairly simple classes and is passing them. Social Security Disability (SSI) is pending by request of the State of our residence. Californnia law would seem to govern the biolgical father sense he resides in California. The divorcée decree is from a California court, but since the step daughter is now over 18, it has no barring on the situation, right?

AK lawyer · Mar 3, 2010, 12:15 PM

Sorry, you indicated, in your original post, that he lives in California but I forgot it between posts.

So you are asking whether you or your step-daughter can go back to court, presumably in California, and get a new post-18 support order, pursuant to what is presumably California law? I don't know, but the question boils down to that I believe.

cdad · Mar 3, 2010, 02:12 PM

Is there a mention of medical expenses in the original order. It is usually the responsibility of BOTH parents to split medical expenses. How recent is the diagnosis? You may be able to extend the original order on the medical end for costs incurred.

casmithjones · Mar 3, 2010, 07:45 PM

There isn't any mention of medical expenses in the divorcée decree, except that my wife will provide medical insurance. My step-daughters mental illness was first diagnosised in her 9th grade year and the situation has gotten signficantly worse every year with multiple hospitalizations, accommodations in school, etc. When the divorcée occurred, she was only 4 years of age. As a further indication of her problems, she was just fired from a 2 hour a week job at her school because of significant communication problems and a lack of comprension of what was requested of her. This was a position that her Community Support Case Manager from the state helped her obtain, so they were moderatly aware of her situation when she was hired. This is further indication of the severity of her disability. So yes, the quesiton does come down to, does California law require a parent to financially support (in addition to my wife and myself) a disabled child? Or are my wife and I just out of luck and have to support her without any assistance from the biological father since he does not want to help her.

cdad · Mar 3, 2010, 08:08 PM

Ok, As mentioned before. For the medical side yes there are provisions in the California law. As far as outright child support beyong 18 and finishing high school. No there is not. That's why getting her ssdi which would be the replacement of child support in a case like this. But as far as the medical expenses incurred that is different. So what she may need to do is go back to court right away and ask. She shouldn't have taken on all the medical expenses in the first place. It may or may not be too late. But as far as recurring expenses like for meds and reguler doctor visits etc then there may be help with those.